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03-21-00673 Minutes March 21, 2000 Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas March 21, 2000 The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Daily presiding. City Clerk, Nancy Wood called the roll with the following Directors present: Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Adcock — total 10; Absent 0. With a quorum present, Mayor Daily declared the Board of Directors in session and the proceedings of the meetings are recorded as follows: At 5 P.M. A joint discussion was held by the City of Little Rock and the Advertising and Promotions Commission to discuss the Peabody Hotel. Board members asked questions and received answers and comments from the Peabody Hotel representatives. Some of the questions from the Board pertained to the salaries the hotel was expecting to pay employees, the expected start date for re- innovations, the completion date, and a discussion regarding the Ashley Street closing. The Representatives for the Peabody Group stated they would report back on expected salaries, the re- innovations would start when the lease is effective, and the agreement would include conditions of use of the street. At 5:35 p.m. Mayor Daily advised that Citizen Communication was at the end of tonight's agenda, but would recognize Frank Marrow regarding the issue of concern regarding the land exchange at Gillum Park, due to the fact that there were so many citizens present to representing that group. Mr. Marrow expressed the community's concern over the issue, and asked that the large group of neighborhood citizens that had showed up to voice their concern be recognized. Director Adcock asked if some of them would stay and address their concerns during citizen communications. The group indicated that some of them would stay. The meeting was recessed at 5:40 p.m. and reconvened at 6:10 pm.; all directors were present. Director Hinton gave the invocation followed by the Pledge of Allegiance. Director Adcock moved to add to the Agenda, item M -3 a Resolution to set the public hearing for April 4, 2000, to discuss raising the ceiling rates for taxi and the two presentations: M -1 Kalush, Ukraine and M -2 Arbor Day, listed on the Agenda Modifications. The motion was seconded by Director Cazort, and was unanimously adopted by the Board members present. The first presentation was Kalush Ukraine, Bob Trivino introduced the delegates from the Ukraine, and gave a brief history of the two cities relationship. The delegates thanked all those who helped to make their trip possible, as well as those who assisted them during their trip. Mayor Dailey was presented with an award and silver medallion as a token of appreciation for personal contribution toward spreading knowledge about local government in Ukraine and helping to develop a strategic plan for economic development and for strengthening the partnership relationship in the cities of Kalush Ukraine, and the City of Little Rock. Mayor Dailey accepted the award and expressed the benefit both cities had received. Kate Altoff, Chairperson for the land alteration ordinance, made the Arbor Day presentation. Ms. Altoff spoke in celebration of Arbor Day and presented the City with a tree, and explained benefits of trees to the City. Two students from Christ the King School presented the tree. Director Pugh indicated she felt some sort of moratorium should be passed in preservation of the trees. Bob Turner, Public Works Director, made the last presentation explaining the FEMA National Flood Insurance Award Program and the benefits to the citizens of the City that this award represented. Mayor Dailey moved on to the Consent Agenda, asked the City Clerk, Nancy Wood, to add item M -3 to the consent agenda and to read items 1 -10 and M -3. Consideratiion was give to the consent agenda, adding Item 3. 674 Minutes March 21, 2000 Item 1 — A MOTION to approve the Minutes of the Board of Directors regular meeting held September 7, 1999 and September 21, 1999 and the Reconvened Meeting held September 28, 1999. Item 2 - A MOTION (ZONING APPEAL — Z -6784) — To set the date of hearing for April 4, 2000, on the appeal of the Planning Commission's approval of a Conditional Use Permit for Immanuel Baptist Church for a new church site to be located on property at the northeast corner of Shackleford and Mara Lynn Roads. Item 3 - ORDINANCE NO. 18245 - To approve the financial services contract with Griffin Grant Writing and Consulting (GGW &C) to provide professional grant writing on competitive grants for twenty -four months beginning April 1, 2000 and ending March 31, 2002. Item # 3 was held to be read as a separate item. Item 4 - RESOLUTION NO. 10784 - Authorizing the City Manager to grant an easement to Southwestern Bell Telephone Company to install a piece of equipment adjacent to their existing easement at Reservoir Park. Item 5 - RESOLUTION NO. 10785 - Authorizing the City Manager to enter into a contract with Patton Wrecking Company, Inc., in the amount of $52,970.00 for the demolition of the Delta Air Gas building located at 900 East 2nd Street. Item 6 - RESOLUTION NO. 10786 - Authorizing Mayor and City Clerk to execute deeds for the sale and dedication of a city owned lot at 7300 Asher Avenue to James & Norma Farnam and Arkansas Highway Transportation Department. Item 7 - RESOLUTION NO. 10787 - Authorizing Mayor and City Clerk to execute deeds for the sale of a city owned vacant lot at 3205 W. 13`h to Thomas Memorial Missionary Baptist Church. Item 8 - RESOLUTION NO. 10793 - Authorizing the City Manager to enter into an agreement for a Master Plan for the Department of Parks and Recreation. Mr. Carpenter made mention that the minutes should include a notation to identify existing park properties that are already in existence, and specifically note them, to help us in developing certain plans, zoning classifications, etc. that deal with all parks. Item 9 — RESOLUTION NO. 10788 - Setting the date of hearing on the petition to abandon a portion of right -of -way of Harrington Street and East 121h Street in the City of Little Rock, Arkansas. (April 4, 2000.) (Planning Commission: 11 yes, 0 no; Staff recommends approval.) Item 10 — RESOLUTION NO. 10789 - Certifying local government endorsement of International Computer Systems, Inc. to participate in the Advantage Arkansas Program. Item M -3 — RESOLUTION NO. 10790 — To set a public hearing on April 4, 2000, to discuss a request to raise the ceiling rate for taxi fares. Following the reading of items 1,2,4,5,6,7,8,9,10,11 and M -3 of the Consent Agenda, Director Adcock made a motion for the adoption of items 141 (Item 3 being held separate.) Director Cazort seconded the motion, and the Consent Agenda was adopted unanimously by voice vote, 10 yes, Director Wyrick recused on item 4 because of being employed by southwestern Bell Telephone Company. Consideration was then given to: Item 11. - PUBLIC HEARING & ORDINANCE NO. 18232 - Establishing a schedule of sewer rates for the Little Rock Wastewater Utility with the effective date of April 1, 2000; repealing Ordinance No. 16,456 (approved July 6, 1993), declaring an emergency; and for other purposes. There was a lengthy discussion regarding the reasons for the rate increase. Mr. Reggie Corbit answered questions from the Board of Directors. Issues discussed were: Funding projects agreed on in 1990 to keep in compliance with EPA regulations and avoid significant fines (up to $25,000 per day per count (each violation). The funds would go to four areas, which will continue or complete about $12,000,000 that were originally identified in the 1990 plan. These include the Rose Creek area, the Hall High area and the Coleman Creek area, the most costly being the Rose Creek basin. A study of the next 10 years to avoid fines. Money would also go to upgrade the current system. The fourth item would be a down payment 2 Minutes March 21, 2000 needed to begin a $15,000,000 modernization of the 40 -year of Adams Field Treatment Plant, which processes approximately 75% of the wastewater for the City of Little Rock. The majority of the funds would come from residential ratepayers; the rate would increase 15% with (average would be $1.96 increase per month). Director Adcock questioned Mr. Corbin as to why the bonds were not financed in 1995 -1997 when the bond rates dropped 3.2 to 3.7, which would have saved approximately 250,000 per year. Mr. Corbit answered that the bonds had just been refinanced in 1993, they are public bonds, and there is significant underwriting costs for refinancing. Director Adcock then asked if there was a rate increase in 1993. Mr. Corbit stated there was, at approximately 23 -25 %. Director Adcock then asked why citizens in unsewered areas were paying a sewer district tax. Mr. Crobit answered that it was because they did not have a sewer main. Mr. Corbit stated that no tax money is received. The only funds received are fees the customer pays to the wastewater utility on their water bills. Director Adcock then asked who received this money that was being paid by these residents. Mr. Corbit stated that he assumed it was going to pay off the bonds for Sewer Improvement District # 142. Director Adcock then asked about Carroll Circle and Myers Lane, both to be built at a relatively low cost and why that had not been done. Mr. Corbit stated he wasn't sure about Myers Lane but had priced out Carroll Circle, at the cost of $425,000 a cost of approximately $20,000 per house. Director Adcock then asked Mr. Corbit for a follow up report on Myers Lane. Vice Mayor Wyrick asked about Carroll Circle, possibly getting a reduced rate, and how to get affordable rates in areas where $20,000 was quoted for residents. Mr. Corbit answered that the only options he was aware of was (1) for residents in that area to form an improvement district. (2) Form an improvement district encompassing the entire city for the purposed of running sewer to those areas, or the only other option would be to increase everyone else's sewer bills to run sewer to those areas. There was some discussion regarding the property at 2205 Walker Street, which is a house that does not have access to a city sewer system, and does not have city water, it is on a well. The house is located in what was improvement district 137, the original plans which the Sewer Improvement District gave the utility in 1967 did show a sewer main had originally been planned to run to that area to that particular house. Mr. Corbit stated that for, whatever reason the Sewer District did not run that sewer main, and the house has continued on well and septic system. Mr. Corbit stated he did not have personal knowledge of this, but other people had relayed the information to him, that the septic tank is having problems and some of the neighbors had called the Health Department and the Health Department had directed the owner to correct the problem. That's when the owner had contacted the Wastewater Utility and the owner was given a cost to serve that residence. The cost being $7500. plans and specifications were approved by the Health Department and the owner was told she could have those plans, and if she could find a better price by a private contractor that was fine. Director Stewart stated that at 23`d and Walker, the line was put down, but not at this location, and the money was there, but for whatever reason wasn't. Director Stewart inquired as to what happened to the money? Mr. Corbit's answer was that it was money that was collected as a special improvement tax that went to the Sewer Improvement District; it did not come to the Utility. Mr. Corbit stated the Utility does not have any control over what the improvement districts do with their money. The only control the Little Rock Wastewater Utility has in relation to an improvement district is if they want to tie their utilities on to the facilities of the Little Rock Wastewater Utility, they have to be built to specifications; the pipe &construction, and they have to be inspected. They do not give the utility the money that is handled by the attorney for the district and the three commissioners. The commissioners determine that, and the utility is not anywhere in that loop. Mayor Dailey asked that Mr. Carpenter and Mr. Carney come back to the Board with this topic of discussion (the formation of these districts), although that was not the topic of the rate increase. Other related topics of discussion regarding the rate increase were: Will the inclusion of personal computers be used at the utility, the cost of studies being done, repairing lines, which would prevent man-hole overflows, cleaning and inspecting lines, planned maintenance programs, health and environmental issues, getting the best result for dollars spent. Director Adcock then asked Mr. Corbit to come back to the Board with a creative way to get sewer to people who are suffering in the city. Mr. Corbit said that he would do his best. Director Hinton suggested that maybe CDBG would have some funds available that could be used for this purpose. Ms. Dee White, 116 S. Brown Street spoke against the rate increase. The Ordinance was read for the first time. Director Keck made a motion to suspend the rules and place on 2nd reading. Director Cazort seconded the motion. Mayor Daily interrupted the motion, and asked City Manager Cy Carney to introduce the new Finance Director, Don Yucuis. After Mr. Yucuis' introduction, a vote on the motion was taken, 675 f X676 Minutes March 21, 2000 all Board members present were in favor of the motion and the ordinance was read the second time. A motion was made by Director Keck to place the Ordinance on the third and final reading, Director Lichty seconded the motion, all were in favor, and the ordinance was read for the third and final time. Roll call vote was taken, the vote was recorded as 9 yes, 2 no- (Director Adcock and Director Stewart); a vote on the emergency clause was taken, all were in favor except Director Adcock and Director Stewart, who voted no. Mayor Dailey introduced Winston Motley from Boy Scout Troop 55. Item 12. PUBLIC HEARING & RESOLUTION NO. 10,792 To outline a process, known as Vision - Little Rock, to take place over the following twelve months to set goals, develop a comprehensive vision for the city, outline an action plan, and develop priorities for the City of Little Rock; and for other purposes. , Mayor Dailey declared the Public Hearing open. Pam Adcock, 6205 Hinkson, was the first speaker. Ms. Adcock, Chairperson of the Planning Commission, outlined the interest of some of the Planning Commission members in working with Vision Little Rock, in specific work groups. Pat Gee, 8409 Dowan Drive, was the next speaker, who was concerned that there was not going to be anything about the governance task force. Ms. Gee felt this was very important part of the plan. Hyatt Lee, 120 Vernon, spoke in opposition to the plan. The hearing was then opened up to questions and comments of the Board members. Mayor Dailey expressed that he had heard very positive response. Director Adcock stated she had presented the plan to various groups and had gotten good response, and a list of persons interested. Director Adcock stated she would like governance included. Director Cazort commented that he saw this process as to where the city is now, and where it will go in the next ten years. Mr. Carpenter stated there were some points that needed to be amended. The resolution was read, a motion was made by Director Kumpuris to adopt the resolution, and Director Adcock seconded the motion, all Board members present voted in favor of the resolution. Mayor Daily officially closed the public hearing. Mr. Carney announced that applications for the Vision teams would be available on March 22, in the City Manager's Office at City Hall, and applications would be available on the City's website, (www.little rock.ord), and mailing lists would be available to those who wished an application mailed to them. Introduced next: Iteml3. ORDINANCE NO. To repeal Little Rock Ordinance No. 18,186 (January 4, 2000), and to reopen Candlewood Drive; and for other purposes. Mr. Carpenter gave a brief history of the item, stating that the Board had previously closed the upper portion of Candlewood Drive at the request of a owner of the property and of a local neighborhood group who wished to have that portion of a public street closed. The street had not been built and the area had not been used for street purposes for a period of five years or more, therefore they proceeded pursuant to a statute that could permit a closure under those circumstances. One of the unique natures of that stature was that if the Board voted to close the street after the processed was followed, and there was no challenge to that closure within a 30 day period of time, then in fact, that street was closed. Pursuant to law. The ownership of the property that formerly was the street would revert to the adjoining landowners In this instance the adjoining landowners were the same and therefore they took back the title to what was a platted street. This lead to a concern by Mr. Whisenhunt, his interest to close the lower portion of Candlewood Drive, which is presently constructed for the most part, is entered off of Hwy 10 near the Candlewood Center, which includes the Kroger Store. There were a series of concerns as to whether the road should in fact be closed, the attempts to close the road was not because it had been abandoned for five year period of time, but was pursuant to another statute which permits the City Board of Directors to close the road if they in fact feel it would be in the corporate interest to do so. There is no similar 30 -day statute of limitations to challenge that action by the Board of Directors. This issue was discussed at a number of meetings, and on January 4, with assurances that everybody was in agreement, and that things had been worked out, or would be worked out, there was a desire to close the road, provided that appropriate access easements were filed by February 15, 2000. Access easements had different meanings to different people. To members (or some members of the Board of Directors) access meant that private parties who owned property or would own property in the upper level of Candlewood Drive and the Char -Beck property, would be able o get to and from their property, and that was a similar view for the Public Works and the Planning Department, as expressed. Access to the legal department, was that emergency vehicles, sanitation vehicles', etc., would be able to access the property because that is essentially all the city can ask for, and was not in the position as a city to ask somebody to open property up to another private individual. While those easements were filed by February 15 , which seemed to trigger closure under Ordinance 18186, the 4 677 Minutes March 21, 2000 parties had not had meeting of the mind, and there was no agreement. Mr. Rule appeared before the Board of Directors that night to say there had been no agreement, some members of the Board of Directors expressed some concern and the decision was made that Mayor Dailey would meet with the parties to find out exactly how this issue could be resolved. A letter went from Mayor Daily to Mr. Rule as the representative for the Char - Beck Trust and to Mr. Whisenhunt (Mr. Carpenter was not sure who all was copied ) but that a meeting was set up in Mayor Dailey's office which was either the 17th or 22 °`e of February. During the meeting a number of issues were raised but at the conclusion of the meeting, essentially the comment that Mr. Carpenter came away with and that the member of his staff who was present, came away with, and understood the Mayor came away with, was, if there could be assurance on drainage and storm water detention, then the Whisenhunt's did not want the lower portion of Candlewood closed, in fact wanted it to remain open, and a variety of interests were discussed about that. At the beginning of the meeting, there had been a statement from Mr. Rule that they would give that assurance in writing. There was a concern during the course of the meeting as to whether there would need to be any amendment by various city ordinances to deal with the question. The comment was made that owners of the Char -Beck Trust would meet or exceed city standards concerning drainage and storm water detention. Mr. Carpenter stated his concern at that point was "that's great, but if you don't have to be reviewed by it because it's a five -acre tract then isn't that really an illusory promise ?" That issue was reviewed in house and Mr. Carpenter stated he was convinced that even if the road were a private road, there would have to be a meeting of certain city standards. Public Works would have to sign off on that. The one question the legal staff had and thought had been answered to the City's satisfaction, was at what point does a "drive way" become a private road. The reason that question becomes important is that if it is a five acre tract and somebody builds a single family residence on it and they have to get on to and off of the property to drive to the house close to whatever road system will go through this property, it's pretty easy to say it's a driveway, but if they have to go two -and a half acres into the property, and they build in the middle, then isn't that really a road? There needs to be an assurance that that road would have to meet standards. Assurance was obtained from the Public Works Department, that would be a private road and it would have to meet drainage, access and storm water detention standards. A day or so after the meeting a letter was sent to the Mayor from Mr. Rule that said they would meet or exceed these standards. There was some concern on the part of the parties that this writing was not sufficient to protect their interests. It was suggested from the City Attorneys office that it needed to be made clear that there is a covenant running with the land that would assure compliance with the city drainage and storm water detention issues. There were some timing problems, Mr. Whisenhunt was out of the country, and people were out of town. The final draft was faxed March 21, which Mr. Carpenter stated he thought accomplished all this. During the course of this time there was a discussion regarding sewer. A restrictive covenant was issued. Mr. Carpenter stated the last word he received was that this was not enough that it was not going to do. Mr. Carpenter stated, "Where the issue , is; we either have no agreement, or somehow these parties have all gotten together and told us there is an agreement. Mr. Carpenter stated he drafted two documents, one document was a resolution of intent to re -open the road based upon certain things happening, these certain things being (a) the restrictive convent would be executed by all those who have the ownership interest in the upper portion of Candlewood and would be placed in escrow (b) an easement that was filed somewhere during the course of this which has not been executed by all of the parties and is considered to be a potential cloud upon the tile, would be removed, (c) that dedication deeds from the entities that have an interest in the lower potion of Candlewood Road, would be put into escrow on behalf of the city, so that when the road is reopened, no one could say there had been any potential type of taking, a protective measure felt to be important. Upon those things occurring, the City would actually repeal the Ordinance 18186. Things would then be back to normal except there would be a restrictive covenant that would run with the land to assure the developments in the upper part would meet or exceed drainage and storm water facilities and would have to go through Public Works to do so. Mr. Carpenter explained that the second document (the Ordinance) essentially states there is no agreement it's not in the best interest of the city, that the belief that it was in the best interest was based on the belief that certain things would be in place and they are not, we have made our efforts, which are not successful and we repeal the road closure because it does not meet the corporate interest of the city, and it would not have happened had this lack of agreement been understood. Director Lichty stated he was not persuaded at all to pass anything that was contingent on these two parties getting together. The quickest way is to repeal the ordinance that was passed previously and to move on, and let them get together. Director Adcock asked if this meant canceling both ordinances and starting at ground zero. Director Lichty said he thought the other ordinance was a whole other issue. Minutes March 21, 2000 Joe Whisenhunt stated that he took exception to a couple of the issues that Mr. Carpenter stated had been agreed to in the referenced meeting. Mr. Whisenhunt stated when he got the agreement from Mr. Rule it was not what he understood the agreement was. Mr. Whisenhunt stated they had done everything they were required to do, that Mr. Rule would agree to one thing, and then would not want to do that. Mr. Whisenhunt stated that he was ready willing and able to do everything the Board asked him to do, stated that when he came out of the meeting he thought they had an agreement up until the letter of agreement was presented. Mr. Whisenhunt challenged Mr. Rule to point out in the easement, things that his group had not agreed to. Herb Rule presented his parties views on the issue. Mr. Rule stated if you leave the bottom portion closed, they don't have feasible access. He further stated that on several occasions they though things had been worked out. Would appreciate it if the Board would reopen the lower part of Candle wood Drive, so that they were not land locked, so they could sell the property, and folks who wanted to build houses there and put more tax base in the City of Little Rock, more people for the schools and public activities could do that if so inclined. Mayor Dailey asked if there was not anything in the Real Estate law that says a person has to have access to their property. Mr. Carpenter stated there was a law about not land - locking individuals. The question in this case becomes "What does access mean?" That's where it gets difficult. Is it is the access they want, or any access., There isn't a really clear answer on that issue. Mr. Robertson, representing Mr. Whisenhunt, stated with regard to access, that they were willing to give access under the reasonable circumstances that he thought had been agreed upon with Mr. Rule. He said that currently they have access off of Rivercrest Drive, and off of Pinacle Valley Road, and if they would like to do so, could have access off Candlewood Drive. Candlewood Drive currently does not extend to the Char -Beck Property, (the pavement section of the road does not, that the situation was no different than on Rivercrest Drive or Pinacle Valley Road, it's very similar. Director Lichty said regarding the discussion he had heard, that the Board could not act on the premise that the two sides were going to agree on anything, that they did, by approving 18,186 based on an understanding that the two parties had come to some kind of agreement. Director Lichty then asked Mr. Carpenter for the cleanest solution to the situation for the City of Little Rock. Mr. Carpenter stated, "wih due respect, I think that's an elected person's decision." Director Lichty asked for a legal opinion based on the question just asked. Mr. Carpenter stated the options were simple, but rather involved. One option is to repeal Ordinance 18186 to declare in doing so that there was no meeting of the minds there were concerns listed there, and that you don't think its in the corporate interest of the city to have closed the lower portion of this road under the circumstances, and while the access easements to the city have been granted by the Whisenhunts and have been filed of record, while that was the legal requirement the city could require, and mandate, in fact there were other interests on the table the Board believed were there and they weren't, therefore the corporate interest there is to repeal the ordinance. Another option is that you leave the status quo ante and you credit Mr. Whisenhunts comments that access was granted, but there are concerns that will have to be worked out between the parties. If there is some concern of overreaching that is what negotiation is about in the market place, and that people in the market place deal with each other on that basis all the time. The third option is to look at, and the one the city had an interest in and could help with was the drainage concern, the storm water concern and there and wanted there to be a covenant running with the land so that it would appear to all property owners so they would not build houses or roads upon that property in the upper level of Candlewood and somehow create massive drainage problems for the lower area. The only way they could be assured of that was that some third entity would be looking at those development plans to assure that appropriate drainage things were in place. That is what the covenant running with the land is about and the reason the resolution of intent to repeal says we will come forward as soon as the covenant is signed and the dedication deeds are in place, and the easement, currently considered a cloud is removed and then things can move forward. Director Lichty stated that option three might be a way to placate everyone, as the first two options would more than likely result in litigation. Director Adcock asked how would number three be carried out. Mr. Carpenter stated there would still be problems with number three, because the two parties would still have to agree to certain things. Director Cazort stated that access to the property seemed to be the area of disagreement, and was there a way as things stand to work things out. Mr. Whisenhunt stated there was if easements were granted too them, Mr. Rule said no. n Minutes 679 March 21, 2000 Director Stewart asked Mr. Carpenter if he could give the Board any legal direction as to what the Board needed to be doing concerning this situation. Mr. Carpenter stated he would ask Mr. Whisenhunt what was wrong with the restrictive covenant. Mr. Whisenhunt stated that nothing was wrong with them; it just did not include all the agreement. Mr. Whisenhunt said he means to do the right thing, that there was no intent to deprive Char Beck Trust of coming across his road, public or private. Commerce dictates that an agreement should be reached. He stated he wanted to work out an agreement. Mr. Rule stated they wanted to work things out also, but that Mr. Whisenhunt was not reasonable in some of his requests. Mr. Rule asked the Board to vote against the repeal of the ordinance. Director Lichty moved to repeal Ordinance 18,186. Mayor Dailey stated the motion should probably be to read the ordinance. Mayor. Dailey stated enough discussion had taken place. Director Keck seconded the motion. A voice vote was taken, 9 yes, 2 no - Director Adcock and Vice Mayor Wyrick voted no. The ordinance was read the first time. Director Keck made a motion to suspend the rules and place the ordinance on second reading, a voice vote was taken, Director Hinton, Vice Mayor Wyrick, and Director Adcock, and Director Pugh, were opposed. Director Adcock moved to place the resolution of intent on the agenda. There was no second to the motion. The ordinance was placed on the second reading, dererred for two weeks time. Director Keck made a motion that Staff would present the settlement or whatever is reached in two weeks, and if there is none, it be left on second reading. Director Cazort assisted in the motion stating the motion would be to have staff report any resolutions in two weeks and if there is no resolution in two weeks, take the second and third readings in two weeks. Mr. Carpenter added "without input from the public." Mayor Dailey stated that was the motion. A vote was taken, 8 yes, 3 no (Vice Mayor Wyrick and Director Adcock and Director Kumpuris voted no.) The motion was passed. Consideration was then given to: Items 14, 15,17,22,23,24,27, andM -3 were read together as grouped items, the first time. Director Adcock made a motion to suspend the rules and place the grouped items on 2nd reading, Director Cazort seconded the motion. The grouped items were read for the second time. Director Adcock made a motion to suspend the rules place the items on the third and final reading. The grouped items were read the third and final time. There was unanimous approval by voice vote by all Board members present. The Emergency Clause in item M -3 was read and adopted unanimously by voice vote. Director Cazort made a motion to recess to executive session at 7:40 P.M. to make appointments to the Civil Service Commission; Director Kelly seconded the motion. The meeting reconvened at 8:13 P.M. Item 14. ORDINANCE NO. 18233 Z -6178 — Repealing Ordinance No. 17,339 and revoking a Planned Zoning District titled Stamar Driving Range Long Form PCD, located at 9222 Stagecoach Road; and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent; Staff recommends approval.) (Read as grouped item.) Item 15. ORDINANCE NO. 18234 Z- 6178 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Staley Subdivision (Lot 2) Short Form PCD, located at 9222 Stagecoach 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. (Planning Commission: 9 yes, 0 no, 2 absent; Staff recommends approval.) (Read as grouped item.) Before item sixteen was read the first time, Mayor Dailey stated the meeting was going to have to be extended. Director Cazort moved to waive the rules and extend the meeting past 11:00 o'clock P.M. Director Adcock seconded the motion. A voice vote was taken; 9 yes, 1 no, ( Director Keck). Item 16. ORDINANCE Z- 4997 -F — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Bale Chevrolet Honda Revised PCD, located at 13101 Chenal Parkway in the City of Little Rock, Arkansas, amending Ordinances No. 15,472, No. 15,735, No. 15,736 and No. 16,083 and Chapter 36 of the Code of Ordinances of the City of Little Rock; and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent; Staff recommends approval.) After some discussion regarding automobiles brought right up to the road and displayed there, Mr. Carney stated this was a constant problem, that dealers were in constant violation and it remains a problem. There was no one at the meeting to represent the dealer and Director Kelly made a motion that the item be held on 1" 7 •i� Minutes March 21, 2000 reading. Director Keck seconded the motion. The Ordinance was held on first reading, deferred for two weeks time. Item 17. ORDINANCE NO. 18,235 Z- 6323 -A — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled The Village at Rahling Road (Lot 9) Revised PCD, located at the southeast corner of Chenal Parkway and Rahling Road in the City of Little Rock, Arkansas, amending Ordinance No. 17,543 and Chapter 36 of the Code of Ordinances of the City of Little Rock; and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent; Staff recommends approval.) (Read as grouped item.) Item 18. ORDINANCE NO. 18,236 Z- 5686 -A — Approving a Planned Zoning Development and establishing a Planned District - Office titled Ilodianya Short Form PD -O, located at 4807 Ballinger 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. (Planning Commission: 8 yes, 1 no, 2 absent; Staff recommends denial; inconsistent with LUP.) The ordinance was read the first time. Jim Lawson gave a staff briefing stating they were not comfortable putting an office in a residential area. After brief discussion from the applicant and the Board of Directors, The ordinance was read a second time. The rules were suspended on a motion by Director Adcock, seconded by Director Keck to place the ordinance on the third and final reading; the motion was accepted by unanimous vote of the Board members present. The ordinance was read the third and final time. A roll call vote was taken on passage of the ordinance as follows: Ayes: Director Pugh, Hinton, Cazort, Keck, Stewart, Wyrick, Kelly, Mayor Dailey — total 8; Noes (Directors Lichty, Kumpuris, Adcock voted no.) Total 3.Whereupon the ordinance was passed. Item 19. ORDINANCE NO. 18,237 Z -6806 — Approving a Planned Zoning Development and establishing a Planned Industrial District titled Hydro Conduit Long Form PID, located at 13701/13707 Pleasant Hill 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. (Planning Commission: 6 yes, 2 no, 2 absent, 1 abstention; Staff recommends approval.) The ordinance was read the first time. There was brief discussion, the ordinance was read the second time, the rules were suspended on a motion by Director Adcock, seconded by Director Keck to place the ordinance on the third and final reading by unanimous vote of the Board members present. The ordinance was read the third time. A unanimous voice vote was taken by the Board of Directors, passing the ordinance. Items 20 and 21 were read as grouped items for the first time. The rules were suspended to provide for the second and third readings or the ordinance by unanimous vote of the Board members present. The ordinance was read the third and final time. A unanimous voice vote was taken by the Board of Directors, passing the ordinances. Item 20. ORDINANCE NO. 18,238 Z -6707 — Approving a Planned Zoning Development and establishing a Planned Development - Commercial titled Hertz Equipment Rental Long Form PD -C, located at 10800 Interstate 30 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. (Planning Commission: 9 yes, 0 no, 2 absent, 1 abstention; Staff recommends approval.) (Read as a grouped item.) Item 21. ORDINANCE NO. 18,239 Z -6808 - Approving a Planned Zoning Development and establishing a Planned Office District titled Robertson Short Form POD, located at 14109 Taylor Loop 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. (Planning Commission: 9 yes, 0 no, 2 absent, 1 abstention; Staff recommends approval.) (Read as grouped item) Item 22. ORDINANCE Z -6801— To rezone property located at 3218 Leeds Street from "I -2" Light Industrial District to "C -3" General Commercial District. (Planning Commission: 9 yes, 0 no, 2 absent; Staff recommends approval.)(Read as grouped item)(Read as grouped item). Item 23. ORDINANCE Z -6801 - Amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan right -of -way requirements for Lots 4 and 5, Block 30, Brack Addition, located at 3218 Leeds Street. (Planning Commission: 9 yes, 0 no, 2 absent; Staff recommends approval.) (Read as grouped item.) 8 Minutes 681 March 21, 2000 Item 24. ORDINANCE Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of boundary street improvements for 9720 Warehouse Road. (Staff recommends approval.) (Read as grouped item.) Item 25. ORDINANCE Z- 5737 -B - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan improvement requirements for Faith Lutheran Church, located at 7525 West Markham Street. (Planning Commission: 9 yes, 0 no, 2 absent; Staff recommends approval.) 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. The ordinance was read the third time. A unanimous voice vote was taken by the Board of Directors, adopting the ordinance. . Item 26. ORDINANCE Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan street improvement requirements for O'Reilly Auto Parts Store located at the northeast corner of Asher Avenue and Fair Park Blvd. (Staff recommends denial.) The ordinance was read the first time. Bob Turner, Public Works Director gave a briefing on why staff recommends denial; the traffic count being the problem. Mr. Hinton said this was a new business, and would like to give some considerations because new business was need in this area. Director Adcock wanted to know if this was a waiver where it would stay with the property forever, and wanted to know if they were offered an in lieu of rather than a deferment Greg Whitlock, representing the applicant was asked if they had been offered a deferral, but it was something he felt the company would consider but was not authorized to say yes or no at this meeting whether or not they could do that. Director Adcock asked for the item to be deferred and Mr. Turner work with them further. (Item was held on first reading, deferred for two weeks time). Item 27. ORDINANCE Z- 5057 -A — To reclassify property located at 4721 Confederate Blvd. From "C -3" General Commercial District to "11-2" Single Family District. ((Planning Commission: 9 yes, 0 no, 2 absent; Staff recommends approval.) (Read as grouped item.) Item 28. ORDINANCE - An agreement between the City of Little Rock, Arkansas as trustee for the use and benefit of the Little Rock Municipal Waterworks, and the _ Sardis Water Association ( "Sardis Water ".) The ordinance was read the first time. Jim Harvey was the first speaker on the issue, asking for the City of Little Rock to sell a minimum of 500,000 gals of water per day, which they would pay for, whether they took it or not, and a maximum of 2,000,000 gallons a day to the Sardis Water Association. This would be paid for according to the cost of service. They would put in all the facilities, metering stations, and to connect to the city's system. Director Wyrick stated that where she lives, they have a water improvement district and it's in a very bad state of affairs, in that it's been there almost twenty years, and there is almost as much owed now as when the district was first formed. (Mr. Carpenter then asked Director Wyrick if she were a member of the district, which she replied she was. Mr. Carpenter advised her that she would have to recuse on this item. Phil Wyrick was the next speaker, who stated he was a property owner and resident in the area, and represents several of the property owners, not as a legal representative, but as a property owner. He explained this was a district that overlapped a sewer improvement district. That district has been an extremely large burden to the area because of the taxes. It has restricted the growth, property values, and that reflects why there has not been any growth. The Sewer Improvement Districts appears to be in pretty good shape. According to the legal representatives of the sewer improvement district the district should pay off on the short end of six months on the long end eighteen months, because of projects such as Jim Lindsey and some of the development along Stagecoach Road. On the Water Improvement District it's a different story. These districts overlap, this district was formed in 1984 with a one point something million - dollar debt against it. Because of development, not reaching projections. In 1988 it was refinanced at 1.78 million dollars. Through mismanagement and other unfortunate things, the note came due again. Payment was to be made on February I". There was a request that the district refinance again for another thirty years. Some of the property owners then got together said wait a minute this has to stop. Mr. Wyrick stated they were meeting with the Trustees, the bondholders, the Commission and all the interested parties and that they were looking for some resolution to this issue. Mr. Wyrick asked for the Board to deny the request. If Sardis Water wants to come back and deal with the district, and the district would be compensated. The property owners have a problem selling water through their system, and not being compensated. Director Keck asked Mr. Carpenter why there was no stream of revenue. Mr. Carpenter said before he tried to answer that question, he would like to know exactly what they were 0 • roe e iq Minutes March 21, 2000 doing and it was probably a question for Mr. Harvey. Mr. Harvey stated the system belongs too the Little Rock Municipal Waterworks. It's a standard contract, all of their contracts when an improvement district is completed; the facilities become the property of the Little Rock Municipal Waterworks. None of the waterworks system is an island. They have made improvements to that system. That improvement district, not only benefits from the facilities that they put in but also the pumping station at Mabelvale, the tank on Alexander Mountain, it all becomes part of a Municipal Waterworks System. Mr. Wyrick agreed that that was the contract, however it is also the contract with the sewer district, but that they did not have a unique situation where there has been no pattern set, and again the sewer district hooked up to Shannon Hills. Shannon Hills paid the sewer district money. All of those facilities belong to the wastewater division as these facilities belong to the water division. There is the same situation with the sewer, there was a fee charged Shannon Hills and again they applied that fee to the debt of the district. Our district slipped up and let Shannon Hills through, but this time we are trying to stop it. On the water situation in Shannon Hills there has been development in Shannon Hills right on the line of the Little Rock City limits. After it's all said and done there will be some nine hundred new residents. It would have been nice to access those nine hundred new residents to pay off this debt. It has created a void from the Shannon Hills line all the way to west Little Rock. Director Adcock asked if this was the first time we had extended water to Grant County. Mr. Harvey said it was. Director Adcock if this contains Grant County, Saline County and Pulaski County. Mr. Harvey answered yes. Director Adcock asked who drew these lines of the water district. Mr. Harvey stated it came from Sardis. Director Adcock asked if this area was incorporated. Mr. Harvey answered that it was not. Director Adcock stated all the other entities the city had sold water to, were incorporated, and she had a problem with this. Director Adcock asked why this was coming to the Board as an emergency. Mr. Harvey stated he did not know why that was on there. Mr. Carpenter stated it was on there so that they could start selling water as soon as everything was in place. Director Adcock stated she would like this item held for two weeks. Director Lichty wanted to know why this district had fallen on hard economic times, and how that is the responsibility of the City of Little Rock Water Department. Mr. Wyrick explained that the district was formed approximately fourteen years ago and some developers and promoters had come out created the two districts, they overlapped. They had many ideas the area was going to boom. This did not happen; the expectations were not met. There were many lines that were run up into the woods that go nowhere. Those promoters abandoned the property. He stated that he thought it has been mis- management of the water district. The water district is part of the city's responsibility because it was sanctioned by the city, and confirmed the appointments of the Board members. The burden of the tax has eroded any interest in development in the area. Director Lichty asked Mr. Harvey for the Little Rock Waterworks response to that arrangement. Mr. Harvey stated he could explain the contract, that they had provisions to reimburse that district for up to five years for any corrections made. The commission increased that to ten years. Shannon Hills tied on after the ten years had run. Mr., Harvey stated he felt some concessions were made to help the district. Normally these things are paid out in five years, the improvements. This one went over the ten years before Shannon Hills hooked on, so did not believe there was any legal responsibility at all. Mr. Wyrick agreed there was no legal responsibility but that it was likened to him making a contract with his nineteen - year -old daughter. If she doesn't keep it do I zoo her? She is part of the family, and that was the point, it's part of the family. We as citizens are subsidizing the growth of Shannon Hills and are getting ready to subsidize the growth of the Sardis Water situation without compensation to help pay off our debt. Director Keck asked for a review by Mr. Harvey as well as Mr. Carpenter, related to the water agreement. He said he has some concern that this an unincorporated community. This item was held on the first reading, deferred for two weeks time. Director Adcock moved to waive the rules and extend the meeting past 1:00 o'clock A.M. Director Cazort seconded the motion. Board members present took a voice vote. All were in favor. 10 Minutes March 21, 2000 •i Item 29. REPORT City Manager's Activity Report Mr. Carney gave an update and made some announcements concerning Vision Little Rock. Item 30. RESOLUTION (28) To make appointments to the Civil Service Commission. Mr. Carney reported that Mr. Hugh Williams was the recommendation of the Board of Directors for the Civil Commission position. Director Adcock made the motion for the appointment, and was seconded by Director Kelley to appoint Mr. Williams. The Board members present took a unanimous voice vote; adopting the resolution to appoint Mr. Hugh Williams to the Civil Service Commission. CITIZEN COMMUNICATIONS The first speaker was Worthie Springer, 3810 Debusk Circle who gave a brief history of the community and spoke against the pending proposal to exchange land in the Granite Mountain Community for land in west Little Rock, to build a park, with the land in Gillam Park to be used for mine blasting. He asked for the support of the Board in not accepting the proposed land exchange The following speakers also spoke in opposition to the exchange: Jean Rouse, 2604 Dover Lane. Dorothy Bledsoe, 4623 Edge Street, Dr. Worthie R. Springer, Jr., 3810 DeBusk Circle The following is a list of citizens who came to speak in opposition, but due to the late hour, were acknowledged by mayor Dailey as being in opposition to the land swap: Frank J. Boyle, 1720 E. 38th Street, Richard Cullins, 26 Baltimore Drive, Joye Crae 16 Chicago Street, Raymond Bogard, 16 Avon Place, Norris Jones 29 Baltimore Street, Willie Wade, 6 Younger, Evelyn Richardson, 12 Baltimore Street, Fredrick Donley, 1307 E. 38th Street, Frank Bolye, 1720 E. 38th Street, Shirley Clanton, 1616 E Street, Bruce Wasington, 1800 E. 38th Street, Carl Presley, 1600 E. 38th Street, Evans T. Davis, 1923 E. 38th Street, Milrene Springer, 2 Baltimore Street, Virgie Kelley 18 Baltimore Drive, Mable Woods, 19 Baltimore Drive, Ms. Catherine Walker, 19 Baltimore Drive, John H. Willis, 1601 E. 38th Street, B. E. Bennett, 4640 Confederate Blvd., Pat Williams, 55 Baltimore Drive, Robert C. Brown 14 Avon place, Helen Smith, 1306 E. 38th Street, Mr and Mrs. Rufus Abernathy, 7 Younger Place, Geanie Evans, 1301 E. 38th Street, Jeff Hayes, 19 Avon Place, Estella Hayes, 19 Avon Place , Dorotha Senier, 1723 Simpson Street, Selma Thomas, 10 Baltimore Drive, Jean Henderson, 4619 Edge Street, Willie Mae Morton, 19 Chicago Street, Stephany Fields, 1621 E. 38th Street, Chester Sanders, 3818 Snow Circle, Barbara Hamilton, 33 Baltimore Drive, Rosie Watson, 21 Avon, James Wyatt, 21 Avon, Willis and Dorothy Thomas, 8 Chicago Drive, Dean And Barbie Greene, 3832 Snow Circle, Darl Stallcup, 1520 E. 38th Street,Gloria Skoggins, 1315 E. 38th Street of the land swap. Pat Gee, 8409 Dowan Drive, thanked the Board for the sidewalk that is to go down Scott Hamilton Drive. Thanked Robert Fury and Bob Turner from the Department of Public Works, Directors Adcock, Stewart, and all those who said they supported this effort. Joa Humphrey, 5022 W. 56 Street, spoke in favor of overpasses in Southwest Little Rock, asked for funds from the Arkansas Hwy Department to do more work in the Geyer Springs Road area. Shelly Smith, 29 Longlea Drive, spoke regarding the missing sewer line at 2205 Walker Street, asked the Board of Directors to help solve the problem, that May Denson had been evicted from her home by the health department. Ms. Smith asked the Board to repeal the resolution to dissolve the sewer district or to make a recommendation to the city, to the wastewater utility to make this correct. May Denson, 2205 Walker was introduced as the occupant of 2205 Walker who was being evicted, and Marcy Marlin was introduced as the owner of the property. Mayor Dailey asked the City Manager and Mr. Carpenter to report on the issue. Director Adcock and Director Stewart suggested alternative ways to assist Ms. Denson in obtaining housing due to her circumstances. Mayor Dailey asked the City Manager and City Attorney to look at possible options the Board might consider in assisting Ms. Denson. Director Kumpuris asked them, and Mr. Corbit and their attorney as to what the problem is and how they are addressing it. Mayor Dailey brought 11 •i� Minutes March 21, 2000 the discussion to a closure, stating that it had turned into discussion and Citizen Communication was not for that purpose, but again asked Mr. Carney and Mr. Carpenter to give them what options or suggestions they had in writing if the Board wished to deal with those at the re- convened meeting the next Tuesday, if not, it would be left to the process currently in place. Director Cazort made a motion, seconded by Director Keck, to recess the meeting until the following Tuesday. A voice vote was taken; all were in favor of reconvening in one week's time. The meeting was recessed at 1:25 P.M. ATTEST: � G4�� City Clerk Nancy Wood 12 APPROVED ayor Jim Dailey