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12-15-92Board of Directors Chamber Little Rock, Arkansas December 15, 1992 - 6:15 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Sharon Priest presiding. City Clerk Robbie Hancock was present and called the roll with the following Directors in attendance: Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6; Absent - None. Mayor Priest announced that a quorum was present and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Catlett. The Consent Agenda was the first presentation, consisting of the following items: (a) The approval of the Minutes of the Board of Directors meetings held November 17, 1992, and December 1, 1992. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1992. (c) Resolution No. 8,830, entitled: A RESOLUTION APPROVING THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) ANNUAL PLAN FOR 1993; AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (c) Resolution No. 8,831, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF UNIFORMS AND CLOTHING FOR THE FIRE DEPARTMENT. (R & R Uniforms) (d) Resolution No. 8,832, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR THE CONSTRUCTION OF THE SOUTHWEST LITTLE ROCK COMMUNITY COMPLEX; AND AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR CONSTRUCTION OF THE COMPLEX. (Allocate funds from Police Substation Bond Project Account and Parks & Recreation Improvements Bond Project Account for Southwest Little Rock Community Complex and award contract to Progressive Construction - not to exceed $1,916,250.) (e) Resolution No. 8,833, entitled: A RESOLUTION AUTHORIZING THE EXTENSION OF THE LEASE FOR AMUSEMENT RIDES AND CONCESSIONS AT WAR MEMORIAL PARK FOR A PERIOD OF THREE YEARS; AND FOR OTHER PURPOSES. (Lloyd L. Choate - ending November 15, 1995.) (f) Resolution No. 8,834, described as: A RESOLUTION AUTHORIZING THE JOB TRAINING PARTNERSHIP ACT (JTPA) DEPARTMENT TO EXPEND $192,978 OF TITLE II -A 1991 CARRY -OVER FUNDS AND $156,172 TITLE II -A INCENTIVE MONIES FOR VARIOUS PROGRAMS. (Classroom Training - $150,000, Center for Youth & Families - $36,000, Pre -Trial Work Release - $15,000, Lifeguard - $5,540, Administration - $44,653, Participant Support - $39,600, and Unallocated Funds - $58,357.) 1 204 Minutes December 15, 1992 (g) Resolution No. 8,835, with the title being: A RESOLUTION AWARDING A CONTRACT TO PHILLIPS CONSTRUCTION COMPANY, FOR RENOVATION OF THE BUILDING AT 1813 WRIGHT AVENUE AS A NEIGHBORHOOD ALERT CENTER. (h) Resolution No. 8,836, entitled: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON JANUARY 5, 1993, TO CONSIDER THE ISSUANCE OF REVENUE BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS ELDERLY HOUSING FACILITIES BOARD. (Good Shepherd Ecumenical Retirement Center located on Aldersgate Road.) By motion from Director Roy, seconded by Director Lewellen, which was adopted by unanimous voice vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the previous Board Meetings held November 17, 1992 and December 1, 1992, were approved as written and distributed to members of the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1992, was received and filed; and (c, d, e, f, g, h and i) Resolutions No. 8,830, 8,831, 8,832, 8,833, 8,834, 8,835 and 8,836 were read in full and adopted by unanimous voice vote of the Board Members present. At the time allotted for Citizens Communication, Mr. Don Hamilton, #1 Glenleigh Drive, a 27 year homeowner in Robinwood Subdivision, was the first speaker. Mr. Hamilton made a plea to the Board to do something about the Christmas lights displayed by Mr. Jennings Osborne at his residence on Cantrell Road, which has caused traffic congestion from the slow lines of onlookers' cars clogging Cantrell Road. Mr. Hamilton stated the slow moving traffic has created a serious problem by blocking access to Robinwood Subdivision and that the agreement between the City of Little Rock and Mr. Osborne (shortened hours for the display, -- police officers to direct traffic, and public service announcements) has not helped the situation. Mr. Hamilton asked the Board to place this issue on the Agenda for the January 5, 1993, Board of Directors Meeting. Ms. Scotty Shively, 92 Robinwood Drive, also spoke to the Board regarding the Osborne Christmas lights. She stated the Christmas light display has created a hazard to motorists and a nuisance to residents, and there should be a reasonable alternative, suggesting that the display could be moved to an area with better access, or if not that, a short term solution would be to limit the hours from 8:00 p.m. to 10:00 p.m. Mr. Brent B. Brown, 3203 Misty Lane, a resident of Echo Valley, endorsed the comments made by Mr. Hamilton and Ms. Shively regarding the Osborne Christmas lights, stating that part of the traffic problem is due to a bottleneck caused by cars parked on both sides of the street. In response to a question by Director Roy, Mr. Brown stated the changes enacted this year have not made a difference, in fact they are worse for two reasons: (1) the news media has shown people what it's about and (2) the police officers are not at the intersections where they are supposed to be. Mr. Brown also asked that this matter be on the Agenda for January 5, 1993. City Manager Tom Dalton, City Attorney Tom Carpenter and Assistant Police Chief Randy Reed responded to questions from Board Members regarding the traffic problems created by the Osborne Christmas lights. Mr. Barry Haas, 3900 Doral Drive, read the results of a survey sent out in September by Save the Parks group to Board Members regarding the extension of Rebsamen Park Road. Most responded that the issue should be decided by the voters. He 2 Minutes December 15, 1992 2- k.' then read a prepared statement in which he questioned the actions of City Attorney Tom Carpenter in continuing to pursue legal options regarding the extension of Rebsamen Park Road and the construction of a bridge across Jimerson Creek, after voters had defeated the issue at the November 3, 1992 General Election. Mr. Carpenter responded to the suggestion that the motion for reconsideration was filed since the election by stating the motion was filed six months before the case was argued in the Eight Circuit Court. He stated he had informed the attorneys for Save the Parks Committee that he had received permission from the Board of Directors to file a response withdrawing the request and suggesting that the question was somewhat decided by the election. Mr. Larry D. Gary was the last speaker under Citizens Communication. He spoke to the Board regarding his proposal for the betterment of Senior citizen Nursing Homes, stating that administrators and head officials of these establishments are not doing their jobs. Mayor Priest advised Mr. Gary that was a state issue and City Manager Tom Dalton offered to work with Mr. Gary in filing his complaint with the proper officials. Introduced next was Resolution No. 81837, entitled: A RESOLUTION RENAMING PORT PARK TO PRATT CATES REMMEL PARK; and the Resolution was read in full, followed by a motion by Director Lewellen, seconded by Director Dailey, to adopt the Resolution. The Resolution was adopted by unanimous voice vote of the Board Members present. The next presentation was a proposed Ordinance, entitled: AN ORDINANCE ESTABLISHING A DESIGN OVERLAY DISTRICT FOR THE CHENAL /FINANCIAL CENTER PARKWAY URBAN CORRIDOR PURSUANT TO THE -- DESIGN OVERLAY AUTHORITY OF CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; Mr. Jim Lawson, Director of the Department of Neighborhoods and Planning, presented an overview of the design overlay for the Chenal /Financial Center Parkway corridor. He concluded his presentation by stating that there was one unresolved issue, which is Section 2(D)(4) of the proposed Ordinance regarding landscaping requirements. The property owners /developers are requesting that increases in the Chenal and Financial Center Parkway landscape requirements over those otherwise imposed under the present Zoning Ordinance shall be offset by a decrease in the side and rear yard landscape buffer areas by an amount equivalent to any such increase. Mr. Lawson stated he could not support that proposal, because the overlay would not do anything. Upon question, Mr. Lawson stated that the major difference in the Highway 10 Corridor and the Chenal Corridor is that Highway 10 was built by the residents and Chenal Parkway was built by an Improvement District and there is nothing similar between Highway 10 and Chenal Parkway. Mr. Bill Spivey, attorney for the I- 630 /Highway 10 Property Owners Improvement District (Chenal Parkway), addressed the Board of Directors, stating the two corridors (Highway 10 and Chenal) are distinctly different and the standards are unique. He explained the compensating buffer proposal and provided the City Attorney and Board of Directors with a copy of the proposed amendment to Section 2(D)(4) of the proposed Ordinance. He concluded by urging the Board of Directors to approve the compensating buffer proposal. Mr. Dickson Flake, attorney for the Catholic Diocese of Little Rock, one of the property owners in the Improvement District, also requested approval of the compensating buffer proposal. City Manager Tom Dalton asked Mr. Lawson "if we have to trade off on the buffer issue, what, if anything, is the net gain of an overlay ?" Mr. Lawson responded, 3 206 Minutes December 15, 1992 "We are down to the bare bones; if we make an adjustment, I'm not sure there is a gain." Mr. Dalton stated the overlay may not be accomplishing what the City intended. Mr. Lawson stated the bottom line to the discussion is that if the Board feels that because of the Improvement District, the City should not increase the landscaping requirements, in other words, buy into the compensating design, he preferred not to have the overlay and to keep the landscape ordinance the way it is because it deals with the parkway and the rear of the property by requiring a good amount of landscaping in front and rear. After further discussion, the proposed Ordinance was read the first time and left on the calendar for second reading on January 5, 1993. Consideration was then given to Ordinance No. 16,317, entitled: AN ORDINANCE AMENDING THE MASTER STREET PLAN REMOVING TWO SEGMENTS OF THE DAILEY /WARREN COLLECTOR IN SOUTHWEST LITTLE ROCK, AND FOR OTHER MATTERS; and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on second reading by motion from Director Dailey, seconded by Director Shackelford, which was unanimously adopted by Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Dailey that the rules again be suspended and the Ordinance placed on third and final reading. Director Shackelford seconded the motion which was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,318, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -5628 - To rezone 1.61 acres at the southwest corner of South University and Mabelvale Pike [Lot 1A, Owen Henderson Addition] from "C -3" General Commercial District to 11C -4" Open Display District.) and there was a first reading of the ordinance. The rules were then suspended and the Ordinance placed on second reading by motion from Director Dailey, seconded by Director Shackelford, which was unanimously adopted by Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Dailey that the rules again be suspended and the Ordinance placed on third and final reading. Director Shackelford seconded the motion which was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. 4 Minutes December 15, 1992 2 0 ! Introduced next was Ordinance No. 16,319, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED SEVEN ACRES BUSINESS PARK (Z- 5038 -A) HIGHWAY 10 AT BELLA ROSA DRIVE 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 there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on second reading by motion from Director Dailey, seconded by Director Shackelford, which was unanimously adopted by Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Dailey that the rules again be suspended and the Ordinance placed on third and final reading. Director Shackelford seconded the motion which was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 16,320 was then presented, with the title being: AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; Mrs. Barbara J. Davenport, 420 -A West 7th Street, stated she owns the house at 1418 Gaines Street which is listed in the ordinance. She was unaware the house had been condemned when she bought it, and she is trying to do most of the improvements herself. (Note: Mrs. Davenport appeared before the Board of Directors on August 20, 1991, at which time the house was removed from the condemnation list.) She requested additional time to sell the house or make improvements as funds are available, because she just paid $4,000 in back taxes owed by the previous owner. After a brief discussion, the Board of Directors generally agreed to a 120 day administrative waiver for 1418 Gaines Street. The Ordinance was then read the first time. The rules were suspended and the Ordinance placed on second reading by motion from Director Dailey, seconded by Director Shackelford, which was unanimously adopted by Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Dailey that the rules again be suspended and the Ordinance placed on third and final reading. Director Shackelford seconded the motion which was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. 5 2u8 Minutes December 15, 1992 At 7:47 o'clock P.M. Mayor Priest declared a five minute recess. When the Board of Directors reconvened at 8:00 o'clock P.M. Mayor Priest presided and the following Directors were present: Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6; Absent - None. Consideration was then given to Ordinance No. 16,321, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED INDUSTRIAL DISTRICT TITLED TREADCO PID (Z- 3271-A) 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; (Z- 3271 -A - Treadco PID located at 7510 Fluid Drive.) Mr. Jim Lawson, Director of the Department of Neighborhoods and Planning, explained the Treadco PID, stating the tire retreading would be done inside the building and that all the conditions were part of the PID file. Director Hollingsworth requested that the requirement for the retreading operation to be enclosed be set forth in the Ordinance. Mr. Larry Jacimore, real estate agent for the owners, Mr. Stanley McLellan, Treadco plant manager, and Mr. John Rees, Treadco representative, were present to answer questions. Mr. McLellan stated the tire retreading was an inside operation and did not object to the requirement being in the Ordinance. City Attorney Tom Carpenter recommended revising Section 3 of the proposed Ordinance by adding the phrase "and providing that any retreading be done indoors." The Ordinance was then read the first time. The rules were suspended and the Ordinance placed on second reading upon motion by Director Lewellen. The motion was seconded by Director Dailey and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the second time. There was a subsequent motion by Director Lewellen, seconded by Director Dailey, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and final reading of the Ordinance. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,322, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -430 DISTRICT AND FOR OTHER MATTERS; Mr. Jim Lawson, Director of the Department of Neighborhoods and Planning, explained that the change to the land use plan came about when the Planning Commission recommended approval of the Hermitage Road Mini - Warehouse Planned Office Development at 11,701 Hermitage Road. Staff had recommended denial of the mini - warehouse, but if the Board of Directors supports the mini - warehouse concept, there needs to be a change in the I -430 Land Use Plan. Mr. Lawson expressed concern that there is already a lot of commercial use in the area. The Ordinance was then read the first time, followed by a motion from Director Lewellen, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a N. Minutes December 15, 1992 �C subsequent motion by Director Shackelford, seconded by Director Catlett, that the rules be suspended and the Ordinance placed on third and final reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and final reading of the Ordinance. The Aye and No Vote taken on passage of the Ordinance resulted as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ordinance No. 16,323 was then introduced, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED HERMITAGE ROAD MINI - WAREHOUSE (Z -5583) AT 11,701 HERMITAGE 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; (2-5583 - Hermitage Road Mini - warehouse POD at 11,702 Hermitage Road.) Mr. Gene Lewis, Jr., one of the owners, explained the proposal, stating the project would be totally landscaped so it would be very unobtrusive. Mr. Douglas Haville, owner of property at Bowman and Hermitage, spoke on behalf of other area property owners who were opposed to the mini - warehouse project, stating it would lower the value of their property and will fragment the area for further development. (The opposing property owners had written a letter to the Board stating their opposition.) During the lengthy discussion, Mayor Priest expressed concern for the traffic impact, particularly at the dangerous intersection of Kanis and Bowman Roads, with Sams and Wal -Mart developments in the area. The Ordinance was then read the first time followed by a motion from Director Lewellen, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Shackelford, seconded by Director Catlett, that the rules be suspended and the Ordinance placed on third and final reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and final reading of the Ordinance. The Aye and No Vote taken on passage of the Ordinance resulted as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen, Shackelford and Dailey - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 8,826, and notice thereof duly published on December 8, 1992 and December 15, 1992, on the petition filed by Philander Smith College to vacate and close portions of West 11th Street, West 12th Street, West 13th Street, Izard Street and State Street in Blocks 221, 222, 223, 224, 230, 231, 232, 233, 243, 244, 245 and 246 of the Original City of Little Rock, Arkansas. Attached to the petition was a letter from Beach Abstract & Guaranty Company, listing the last apparent owners of record to abutting property. Mayor Priest declared the public hearing open. There was no one present who wished to speak in opposition to the closures; therefore, Mayor Priest declared the public hearing closed. Consideration was then given to Ordinance No. 16,324, entitled: 7 210 Minutes December 15, 1992 AN ORDINANCE VACATING AND CLOSING STREETS WITHIN THE GROUNDS OF PHILANDER SMITH COLLEGE: BOUNDED BY THE SOUTH LINE OF THE INTERSTATE 630 RIGHT -OF -WAY TO THE NORTH, EAST LINE OF CHESTER STREET TO THE WEST, THE WEST LINE OF GAINES STREET TO THE EAST, AND THE NORTH LINE OF WEST 14TH STREET TO THE SOUTH, IN THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; (Vacate and close W. 11th St. from Gaines to State and from State to Izard; W. 12th St. from Izard to Chester; W. 13th St. from Gaines to State and from State to Izard; Izard St. from I -630 to W. 14th St.; State St. from I -630 to W. 12th St. and from W. 13th St. to W. 14th St.) and after a first reading of the Ordinance, there was a motion by Director Lewellen, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and a second reading of the Ordinance ensued. There was a subsequent motion by Director Dailey, seconded by Director Shackelford, to suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and final reading of the Ordinance. An Aye and No Vote was then taken on passage of the Ordinance which resulted as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy, Hollingsworth, Lewellen and Dailey - total 6; Noes - None; Abstained - Director Shackelford; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Resolution No. 8,838, entitled: A RESOLUTION AUTHORIZING THE PURCHASE OF A WEST LITTLE ROCK PARK SITE PURSUANT TO THE 1988 CAPITAL IMPROVEMENT BOND ISSUE AND FOR OTHER PURPOSES. (Park Site IV on Western Hills Avenue.) Mr. Charles Woods asked the Board if it would be feasible to again advertise for a park site, because he now has a 300 acre site that would be an ideal location. Mr. Russell Purdy stated he would like to hear what the Parks & Recreation Department is recommending and why this site, given there are some water problems and other possible environmental problems. Mr. Bill Bunten, Director of the Parks & Recreation Department, made a slide presentation, listing the criteria established by the Board of Directors. He noted that in June, 1992, the criteria was established (see Minutes of 6 -16 -92 and Resolution No. 8,736) and bids were accepted in July. Only two proposals were received and both were rejected (see Minutes of 9 -15 -92 and Resolution No. 8,788). In September, 1992, the Board directed staff to advertise again, but broadened the criteria by opening up the corridor to anything west of University Avenue extended to the Pulaski County Line and south of Highway 10 (see Minutes of 10 -6- 92 and Resolution No. 8,796). Four proposals were submitted, which were compared to the criteria established. Site I at Ferndale and Kanis did not meet all the criteria because it had only 20% active area. He then reviewed Sites II (Sparks Road) , III (Baseline Road) and IV (Western Hills Avenue) , but did not make a recommendation. Board Members then discussed various aspects of the three proposals. The proposed Resolution provided for the City Manager to enter into negotiations for the purchase of Park Site IV on Western Hills Avenue. The Resolution was read in full, followed by a motion and second by Directors Roy and Dailey, respectively, to adopt the Resolution. The Resolution was adopted by the following vote: Ayes - Director Catlett, Mayor Priest, Directors Roy, Lewellen, Shackelford and Dailey - total 6; Noes - None; Abstained - Director Hollingsworth - total 1; Absent - None. 8 Minutes December 15, 1992 211 The next issue before the Board of Directors was a discussion regarding Metrocentre Improvement District No. 2. Mr. Sterling Cockrill, Executive Director, explained to Board Members there is an accounting controversy between Metrocentre and the Public Works Department regarding funding of the project to reopen Main Street between Third Street and Seventh Street and Capitol Avenue between Main and Scott Streets. Mr. Cockrill stated that in 1989, according to the Public Works Department, construction funds available for the project were $158,000 short of the lowest construction bid. Metrocentre agreed to contribute $158,000 to the project on the condition that any savings in project funds be used to offset this contribution. Mr. Wayne Sherrill, City Traffic Engineer, was present at the meeting when Metrocentre made this condition. The $158,000 contribution was co- mingled with $1,350,000 of public funds ($600,000 of 1988 Bond Funds and $750,000 of economic development funds) . The total project cost was $1,380,000. Public Works accounting of the use of the funds is as follows: Public funds - $1,222,103; Metrocentre funds - $158,000. Mr. Cockrill stated the accounting of the use of the funds should be: Public funds - $1,350,000; Metrocentre funds - $30,103. He then asked the Board of Directors to instruct the City Manager to arrange for a refund of $127,897 to Metrocentre Improvement District No. 2. City Manager Tom Dalton then explained the City's position by giving a brief history of the project. He stated that public streets were originally closed for business use (see Ordinance No. 13,265, passed 4- 5 -77), and when that project failed, plans were made to reopen the streets for public use as part of the 1988 Bond Project. There was never a city position taken by having City Traffic Engineer Wayne Sherrill setting in the meeting when Metrocentre agreed to contribute $158,000 with the condition. He referred to Metrocentre Minutes of December 13, 1989 and a letter from Ben Scroggin, Metrocentre Chairman, to Mayor Villines on December 14, 1989. He concluded by stating there was no savings. During the lengthy discussion among Board Members, Mayor Priest stated the $600,000 of Bonds Funds were supposed to be matched by private funds, but there were no matching funds, so the City used economic development funds to open the streets. Director Shackelford stated there had been a lot of controversy because public funds were used to close the street and then to open the street. Mr. Cockrill felt that Metrocentre had paid more than its share of public projects by financing the construction of the two parking decks (2nd & Main and 6th & Scott) with a $11,855,000 bond issue. Director Shackelford requested that the records be searched for additional information. No action was taken on Mr. Cockrill's request. Agenda Items 10, 11, 12, 13, 14, 15 and 16 (Ordinances related to the 1993 Budget) were scheduled for third and final reading, having been read the first and second times on November 17, 1992, and December 1, 1992. (City Manager Tom Dalton asked that the Board act on the Ordinance increasing garbage fees; there was a brief discussion regarding service level and the Refuse Collection System Analysis Study; some Directors were not ready to take action; therefore, the Ordinance to increase garbage fees was not considered.) Due to the late hour, Mayor Priest announced that the Board of Directors would reconvene on Monday, December 21, 1992, to consider the Budget related Ordinances. Therefore, no action was taken and the following proposed Ordinances were left on the calendar for third and final reading on December 21, 1992, at 2:30 o'clock P.M. (10) AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1993; PROVIDING FOR THE PAYMENT THEREOF; 9 t 212 Minutes December 15, 1992 (11) AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF BEGINNING IN 1993; AMENDING SECTION 9 OF ORDINANCE NO. 11,683; AND FOR OTHER PURPOSES; (12) AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1993; AND PROVIDING FOR THE PAYMENT THEREOF; (13) AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER PURPOSES; (14) AN ORDINANCE TO AMEND SECTION 28 -46 OF THE 1988 LITTLE ROCK, CITY CODE OF ORDINANCES, PROVIDING FOR A SCHEDULE OF GARBAGE COLLECTION FEES AS SET OUT THEREIN; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (15) AN ORDINANCE AMENDING LITTLE ROCK, ARK. ORDINANCE 15,974 (DECEMBER 4, 1990) ESTABLISHING ADMISSION FEES FOR THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; (16) AN ORDINANCE AMENDING ORDINANCES NOS. 13,920, 14,159, 15,391 AND 15,777, AN ORDINANCE ESTABLISHING PERMIT FEE SCHEDULES FOR BUILDING, ELECTRICAL, PLUMBING, AND RELATED WORK PERFORMED IN THE CITY OF LITTLE ROCK; REPEALING ALL TECHNICAL CODE ORDINANCES AND CODE OF ORDINANCE PROVISIONS IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. (NOTE: Mr. Lewis May addressed regarding building permit fees (Item ] Associated General Contractors and Contractors. He stated AGC and ABC proposal to increase permit fees while the staff and budget by 5 %. The four needed. This is also a matter of life stating AGC and ABC stand ready to increase but urged the City to keep the the Board of Directors 6). He represented the :he Associated Building could not support the at the same time cutting positions being cut are safety. He concluded by support the permit fee staff.) Agenda Items 17 and 18 were also related to the 1993 Budget; therefore, the following proposed Ordinances were deferred until the reconvened meeting on Monday, December 21, 1992. (17) AN ORDINANCE TO AMEND SECTIONS OF THE LITTLE ROCK CODE TO PROVIDE FOR INCREASES IN FEES AND FINES CONCERNING THE KEEPING OF ANIMALS WITHIN THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Chapter 6) (18) AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK, FOR THE PERIOD BEGINNING JANUARY 1, 1993, AND ENDING DECEMBER 31, 1993; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY; (Director Hollingsworth was excused at 10:25 o'clock P.M.) The last matter to be presented was Ordinance No. 16,325, which did not appear on the Agenda, but was added at the request of City Manager Tom Dalton. AN ORDINANCE TO AMEND ORDINANCE NO. 16,237 (1992 BUDGET ORDINANCE) , TRANSFERRING FUNDS FOR POLICE DEPARTMENT OVERTIME SALARIES, AND DECLARING AN EMERGENCY; 10 Minutes December 15, 1992 (Transferring $125,000 from Fire Fighting retirement contribution account to Police Detectives overtime account.) and the Ordinance was read the first time, followed by a motion from Director Shackelford, seconded by Director Dailey, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. City Attorney Tom Carpenter advised it would be prudent to add another WHEREAS clause to the Ordinance indicating the City had fulfilled all its requirements for contributions to the Fire Department retirement fund. Therefore, Director Shackelford moved that the Ordinance be amended to add a WHEREAS clause as follows: "WHEREAS, even with this transfer the City has fulfilled all its requirements for contributions to the Fire Department's retirement funds for this year." Director Dailey seconded the motion, which was adopted unanimously by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance, as amended, was then read the second time, followed by a motion by Director Dailey, seconded by Director Roy, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Director Catlett, Mayor Priest, Directors Roy, Lewellen, Shackelford and Dailey - total 6; Noes - None; Absent - Director Hollingsworth - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Catlett, Mayor Priest, Directors Roy, Lewellen, Shackelford and Dailey - total 6; Noes - None; Absent - Director Hollingsworth - total 1. Therefore, the Ordinance, as amended, together with the Emergency Section, was then declared PASSED. Director Catlett asked the Board to discuss the River Ridge Road traffic signal at the reconvened meeting if the matter had not been settled. There being no further business to be presented, the Board of Directors recessed at 10:30 o'clock P.M. to reconvene on Monday, December 21, 1992, at 2:30 o'clock P.M. to consider the Budget related ordinances and to make appointments to the Airport Commission and the Sister Cities Commission. ATTEST: 6 tuz, An City Clerk Robbie Hancock 11 APPROVED: Mayor Sharon Priest 213