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10-18-94750 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas October 18, 1994 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors in attendance: Directors Roy, Sharp, Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 9; Absent - Director Priest - total 1. With a quorum present, Mayor Dailey declared the Board of Directors in session, and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Keck, followed by the Pledge of Allegiance. There was a briefing by Mr. Keith Jones, Executive Director of the Central Arkansas Transit System. Mr. Jones thanked the Board of Directors for taking a leadership role in restoring night and Sunday bus service. Dr. Russ Mayo, Little Rock School District, thanked the Board for support received by the City of Little Rock and expressed appreciation to the Fire and Police Departments. Consideration was then given to the Consent Agenda which consisted of the following items: (a) Approval of the Minutes of the Board of Directors reconvened meeting held August 10, 1994, the regular meeting held August 16, 1994, the special meeting held August 25, 1994, and the reconvened meeting held August 31, 1994. (b) Resolution No. 9,253, entitled: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON DEVELOPMENT OF A CONSOLIDATED PLAN AND ANNUAL ACTION PLANS FOR HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS UTILIZING ENTITLEMENT GRANTS TO THE CITY FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). (November 1, 1994.) (c) Resolution No. 9,254, described as: A RESOLUTION AUTHORIZING THE SALE OF TWO LOTS LOCATED AT 800 -808 LOUISIANA STREET TO ST. VINCENT INFIRMARY MEDICAL CENTER. (See Ordinance No. 16,766.) (d) Resolution No. 9,255, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO ABANDON A PORTION OF THE RIGHT -OF -WAY OF "R" STREET AND TO ABANDON THE UTILITY EASEMENTS WITHIN THAT PORTION OF RIGHT -OF -WAY, IN THE CITY OF LITTLE ROCK, ARKANSAS. (North 9.35' of ROW between North Pierce Street and North Filmore Street.) (November 1, 1994.) (e) Resolution No. 9,256, entitled: A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO VACATE A PUBLIC UTILITY EASEMENT IN LOT B OF HILLSIDE VILLAGE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (November 1, 1994.) 1 Minutes October 18, 1994 (f) Resolution No. 9,257, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF CLOTHING AND ACCESSORIES FOR THE LITTLE ROCK POLICE DEPARTMENT. (R & R - not to exceed $40,000.) (g) Resolution No. 9,258, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH JONES BROTHERS BUILDERS, INC. TO CONSTRUCT, MARKET, AND SELL 19 AFFORDABLE HOMES IN THE PINE HILLS SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO CONVEY THE 19 LOTS TO JONES BROTHERS BUILDERS, INC.; AND FOR OTHER PURPOSES. Upon a motion made by Director Scheibner, seconded by Director Adcock, which was unanimously adopted by the Board Members present, the Consent Agenda was dispensed with as follows: (a) the Minutes of the Board of Directors reconvened meeting held August 10, 1994, the regular meeting held August 16, 1994, the special meeting held August 25, 1994, and the reconvened meeting held August 31, 1994 were approved as written and distributed to the members of the Board of Directors; and (b, c, d, e, f, and g) Resolutions No. 9,253, 91254, 9,255, 9,256, 9,257, and 9,258 were read in full and unanimously adopted by the Board Members present. Item #1 on the Addendum to the Agenda was an Ordinance to rezone 7321 Cantrell Road (Z -5885) from 11C -3" General Commercial District to 11C -4" Open Display Commercial District. The proposed Ordinance was deferred until November 1, 1994. Consideration was then given to Item 2 on the Addendum which was Resolution No. 9,259, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH LITTLE ROCK NEWSPAPERS, INC. FOR SPACE TO HOUSE THE MUSEUM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES. Dr. Dean Kumpuris, Chairman of the Museum Task Force, spoke in support of the Resolution. He explained that the issue calls for $4 million to go into the Museum over the five years of the plan. The Task Force considered three sites for location of the Museum: first, the Wallace Building at Markham and Main Streets; next, two of the annex buildings on Markham Street that were part of the Fones Building purchased for the relocation of the main branch of the Central Arkansas Library; and third, the Terminal Building on East Markham Street, owned by the Arkansas Democrat Gazette (Little Rock Newspapers, Inc.). After lengthy negotiations with Mr. Walter Hussman, owner of the Arkansas Democrat Gazette, an agreement was reached to lease 41,000 square feet of the Terminal Building (with some common area controlled by the Library) for a period of 100 years (Nov. 1993 through Oct. 2093). (Basically Mr. Hussman would give the City 44,000 or 45,000 square feet of space for use as a Museum) . The City's contribution would be $833,322 to pay for part of the costs of a new roof, elevators, modification and improvement of the windows, and completion of the fire sprinkler system. Mrs. Ellen Gray, Chairman of the Museum Board of Trustees, explained how the Museum Board planned to be good custodians of this elaborate and extensive facility. Director Scheibner asked what will happen to the old arsenal building at MacArthur Park when the Museum moves to the new location in late 1996. Mrs. Gray stated it would be premature to say, but a military museum has been mentioned. Mr. Bill Bradshaw, the new Executive Director of the Museum, and Mr. Bruce Wesson, chairman of the fund raising and development committee, also spoke in support of the Resolution. Following the reading of the Resolution, there was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Keck and the Resolution was unanimously adopted by the 751 752 Minutes October 18, 1994 Board Members present. Director Roy moved that Bob East, Ellen Gray and Dean Kumpuris receive Certificates of Appreciation for their hard work to bring about this activity and that Mayor Dailey designate a day to honor Walter Hussman. The motion was seconded by Director Adcock and unanimously adopted by the Board Members present. At the time allotted for Citizen Communications, the first speaker was Dr. Frank Kumpuris, who addressed the Board of Directors on the subject of historical restoration and the proposed moratorium on the issuance of demolition permits for residential structures in "The Heights" area. (See Minutes of October 4, 1994.) Dr. Kumpuris said that residents of the Heights that were opposed to the moratorium had hired an attorney, Ms. Gayle Corley of the Friday, Eldredge & Clark Law Firm, and had started a solicitation of signatures of those opposed to a historical district in the area from Cantrell north from the Country Club of Little Rock to Taylor Street and to the St. John's Woods District. The petitions were filed with the City Clerk. The next speaker was Mr. Robert "Say" McIntosh, who spoke on the subject of crime, particularly the killings in the College Station area. He also urged teachers from other schools to volunteer to help the teachers at Ish Elementary School. Mrs. Betty Moore Snyder, President of the John Barrow Neighborhood Association, said the Boyle Park "Picnic in the Park" on October 8 was a success in spite of the rain. She thanked Bill Bunten, Director of Parks & Recreation, and his staff for their assistance. She also thanked Directors Adcock, Joyce and Scheibner for attending. She urged the Board of Directors to restore park security. Mrs. Snyder said that four neighborhoods (Twin Lakes, Broadmoor, Westwood and John Barrow) are working together to combat crime and would like to have a police substation in that area, which would be more centrally located than having it in west Little Rock. She presented petitions with 1,150 signatures requesting that the planned police substation be located in the area generally known as West Central Little Rock. The next speaker under Citizen Communications was Mr. Noel Washington, 2324 Ringo Street, who again urged the Board of Directors to read the books "Pawns in the Game" by William Carr and "In Route to Global Occupation" by Gary Kerr, stating these books would provide help in solving problems in the community. He also said the Constitution gives Congress the responsibility of controlling the issuance of currency in the United States, but people would be surprised to know that the Federal Reserve Bank is not a federal institution but is a private institution and proceeded to read an article regarding ownership of the Federal Reserve Bank. Mr. Harold Medlock, Jr., 3400 Walker Street, spoke on the subject of a police substation in the John Barrow area. He said the residents were requesting the police substation because crime in the area justifies having a police station there. Improved lighting in the areas of 41st and Tatum, 41st & Zion, and 41st and Boyd has helped deter crime, but every time the lights go out a murder occurs and there is open drug dealing. At the request of Director Keck, City Manager Charles Nickerson explained that part of the strategy is to look at what options are available in the area of western Little Rock and to look at opportunities for joint utilization. Mr. Michael Booker, a resident of the John Barrow area, also spoke on the issue of a police substation in the John Barrow area. He said they are being served by the Southwest Precinct and the response time is about 20 minutes. He displayed a chart showing crime statistics which indicated crime is much lower in 3 /� `( >;L{ 753 Minutes October 18, 1994 the northwest area than in the John Barrow area. He suggested locating the substation on Colonel Glenn Road. He concluded by asking the Board to keep their concerns in mind and allow them to be involved in the process of selecting the location of the police substation. The next speaker was Mr. Phillip Toombs, 1523 West 27th Street, who spoke on the subject of excessive police force. He asked for a full investigation of an incident that occurred at the Arkansas State Fair on Sunday night, October 9, 1994, in which Police handcuffed three teenagers (15 years old), sprayed mace in their faces, and threw them to the ground like criminals. One of the teenagers who tried to speak up in behalf of the others was singled out, taken to a mobile home and thrown to the concrete floor. The officers then removed their badges, put on gloves, turned out the lights and proceeded to beat and kick the youth. After some time the mother of the youth was called to pick up her son and he was charged with being disorderly. He had scrapes, scratches and bruises and was taken to the hospital and treated. That mother and teenager were Mr. Toombs' wife and son. Mayor Dailey asked City Manager Charles Nickerson to provide a report to the Board of Directors. Director Hendrix stated she had met with Mr. Nickerson and Police Chief Lou Caudell and a report was being prepared. The next speaker was Mrs. Evelyn Richardson, President of the Granite Mountain Neighborhood Improvement Association, who presented a petition signed by residents of the Granite Mountain and Granite Heights community asking the Board of Directors to improve lighting in their community. The areas of concern are from Caroline Street and Confederate on the east and extending west to Parkway Place, Booker Homes Housing Development, Apollo Terrace to Granite Heights Nos. 1, 2 and 3. Areas demanding immediate attention are #21 - #42 Baltimore, 1508 E. 38th St., the cul -de -sac at the west end of East 38th St., Avon St. and Parkway Place, Granite Mountain Circle to Gillam Park Road through Apollo. Rev. Bobby Marshall, 1608 Rock Street, spoke on a positive note to all fathers. He said all dads need to get involved in their sons lives, because we have many that are dying from crack, cocaine and gangs. The last speaker at Citizen Communications time was Rev. Daniel Bowman. He said he was there to condemn and criticize the Board of Directors because he didn't think $400,000 was enough money to be appropriated for crime prevention. "We need to get serious about this crime thing so we can stop it." Mayor Dailey advised Rev. Bowman that the $400,000 is for the discretionary neighborhood grant programs. $2.5 million from the 1/2 cent sales tax goes to prevention, intervention and treatment programs. < Director Roy spoke in support of the multi - events center proposed for the Crystal Hill Road area (approximately 1,000 acres bordered by the Arkansas River and I -430 at 1 -40). He said tourist dollars are very important to our area, but we do not have the facilities to host major sports and cultural events. He hoped a Resolution would soon be coming before the Board of Directors approving the Crystal Hill multi - events center. The Springdale- Rogers - Fayetteville area has done a superb job in trying to attract people to come to that area and we have the same kind of opportunity here in Little Rock. Director Lewellen urged City Manager Charles Nickerson to do a thorough investigation of the police incident cited by Mr. Toombs, and said he would soon be proposing the formation of a citizens public safety commission. 4 t � 754 Minutes October 18, 1994 Consideration was then given to a proposed Ordinance entitled: AN ORDINANCE CREATING THE CITY OF LITTLE ROCK LAND BANK AND RESIDENTIAL HOUSING FACILIITES BOARD PURSUANT TO THE PROVISIONS OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975; PRESCRIBING THE POWERS OF THE BOARD; PRESECRIBING THE MEMBERSHIP AND TERMS OF MEMBERS THEREOF; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; which had been read the first time on September 20, 1994 and tabled. (See Minutes of September 20, 1994.) Director Hendrix moved to bring the Ordinance back to the table for consideration. The motion was seconded by Director Mason and adopted by the following roll call vote: Ayes - Directors Keck, Roy, Mason, Mayor Dailey, Directors Hendrix, and Scheibner - total 6; Noes - Directors Joyce, Sharp, Lewellen, and Adcock - total 4; Absent - Director Priest - total 1. The Ordinance was then read the second time. There was a subsequent motion by Director Keck, seconded by Director Hendrix, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by a vote of 9 ayes, 1 no (Sharp) and 1 absent (Priest), being two thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. City Attorney Tom Carpenter responded to questions by Director Mason and other Board Members. At the request of Director Keck, Mr. Tim Polk, Director of Neighborhoods and Planning, explained that the study, which would be done by consultants, would show how the land bank authority could be set up and how it could become financially solvent. Director Sharp was totally opposed to the Ordinance; Director Keck asked the Board to hold off on voting on the Ordinance; Director Scheibner said the ordinance was so frought with wrongs that it should be voted down, and after the study is completed, come back with a good ordinance. Mrs. Kathy Wells, President of the Coalition of Little Rock Neighborhoods, and Mrs. Cheryl Nichols, Executive Director of the Quapaw Quarter Association, spoke in support of a land bank ordinance, stating there is a pressing need for something like this. Following the lengthy discussion, Director Hendrix called for the vote on the Ordinance. There was a motion by Director Mason, seconded by Director Lewellen, to table the Ordinance. City Attorney Tom Carpenter said he wasn't sure an Ordinance could be tabled after the third reading and asked for a five minute recess to review Robert's Rules of Order. Mayor Dailey declared a five minute recess at 8:20 o'clock P.M. When the Board reconvened at 8:30 o'clock P.M. Mayor Dailey presided with nine Board Members present and one absent (Director Priest). Mayor Dailey then called for a vote on whether or not the Board would vote on the Ordinance and the roll call vote was as follows: Ayes - Directors Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Hendrix and Scheibner - total 8; Noes - Directors Keck and Adcock - total 2; Absent - Director Priest - total 1. Therefore, a roll call vote was then taken on passage of the Ordinance, with the results recorded as follows: Ayes - Mayor Dailey and Director Hendrix - total 2; Noes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Adcock, and Scheibner - total 8; Absent - Director Priest - total 1. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. The next presentation was Ordinance No. 16,762, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 5258 -A - To rezone 3.13 acres on West Markham Street, west of Bowman Road, from "C -2" shopping Center District to "C -3" General Commercial District.) 5 Minutes October 18, 1994 755 and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion from Director Adcock, seconded by Director Joyce, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Adcock and Joyce, respectively, 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 ten 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Priest - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,763, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (2-5876 - To rezone 1807, 1813 and 2021 Sanford Drive from "R -2" Single - family District to "R -5" Urban Residence District.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion from Director Adcock, seconded by Director Joyce, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Adcock and Joyce, respectively, 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 ten 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Priest - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,764, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF STREET IMPROVEMENT REQUIREMENTS TO FRAZIER PIKE AND AVANT STREET FOR PILGRIM REST MISSIONARY BAPTIST CHURCH LOCATED AT 5100 FRAZIER PIKE (Z- 5828 -B); and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion v, from Director Adcock, seconded by Director Joyce, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Adcock and Joyce, respectively, 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 ten 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. 6 756 Minutes October 18, 1994 Mr. Dexter Doyne, representing the church, asked for a full waiver of the street improvements. Mayor Dailey explained the Board was granting the five year deferral, and at the end of that period, the Church would come back to the Board to request an additional deferral or waiver. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Priest - total 1. Therefore, the Ordinance was declared PASSED. Ordinance No. 16,765 was then introduced, with the title being: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1995 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion from Director Adcock, seconded by Director Joyce, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Adcock and Joyce, respectively, 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 ten 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Priest - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,766, entitled: AN ORDINANCE AUTHORIZING A WAIVER OF PARKING REQUIREMENTS FOR THE BUILDING CURRENTLY USED AS THE MAIN BRANCH OF THE CENTRAL ARKANSAS LIBRARY AT 700 SOUTH LOUISIANA STREET; AND FOR OTHER PURPOSES; (See Resolution No. 9,254.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion from Director Adcock, seconded by Director Joyce, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Adcock and Joyce, respectively, 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 ten 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix and Scheibner - total 10; Noes - None; Absent - Director Priest - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Resolution No. 9,260, with the title being: A RESOLUTION APPOINTING UNDERWRITERS FOR THE CITY OF LITTLE ROCK, ARKANSAS CAPITAL IMPROVEMENT BONDS, SERIES 1994 (THE "BONDS "); AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; 7 Minutes October 18, 1994 (Goldman, Sachs & Co.; Hill, Crawford & Lanford; and United Daniels Securities, Inc.) and the Resolution was read in full. There was a motion by Director Scheibner, seconded by Director Roy, to adopt the Resolution and the Resolution was unanimously adopted by the Board Members present. Resolution No. 9,261 was the next presentation, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT WITH TWIN CITY BANK FOR THE CITY'S BANKING SERVICES FOR 1995 AND 1996; and the Resolution was read in full. There was a motion by Director Scheibner, seconded by Director Roy, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. Consideration was then given to a proposed Ordinance entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -5877 - To rezone property on Train Station Drive [part of Lots 7, 8, and 9, Block 22, Town of Mabelvale] from "R -2" Single - family District to "C -1" Neighborhood Commercial District.) and there was a first reading of the Ordinance. Ms. Debbie Linn asked, "How can we zone property that we don't even know what the original zone is ?" She said she had a copy of a letter from the City of Little Rock stating that "the Corps of Engineers went out there and they planned to do a restudy of the area because of the road that the CLR built there, which has caused flooding of my property, so how can the City rezone something before the study is complete ?" Her house is adjacent to Train Station Drive and she has no idea whether it is in the flood plain or the floodway. Mr. Tim Polk explained the rezoning is for an existing non- conforming use. Ms. Linn then read the letter dated August 12, 1994, from the Corps of Engineers to Mr. Raymond Manis, Public Works Department, which recommended a restudy of Nash Creek tributary to determine the effect of changed topography. She said Mr. Thompson has been allowed to fill in a ditch which caused flooding of her property. Mr. Jim Lawson, Interim Assistant City Manager, explained that Mrs. Linn is talking about a flood zone and this is a land use issue. Mrs. Chandra Russell, Director of Public Works, said she believes the consultant did design this correctly, but could not comment further because this is a legal issue. Director Sharp moved to table the Ordinance, which was seconded by Director Scheibner. The motion FAILED by the following roll call vote: Ayes - Directors Sharp, Lewellen and Scheibner - total 3; Noes - Directors Keck, Joyce, Roy, Mason, Mayor Dailey, Directors Adcock and Hendrix - total 7; Absent - Director Priest - total 1. Director Adcock said she had looked at the site and also talked to Mrs. Kay Nutt who lives just down the street from Mrs. Linn and also had severe problems. Responding to Director Adcock, Public Works Director Chandra Russell said she had not talked with Mrs. Nutt for lack of a telephone number, but had left her business card asking Mrs. Nutt to call, and would do so again and arrange to meet on site with Mrs. Nutt. Director Scheibner asked City Manager Charles Nickerson to instruct Mrs. Russell to get someone out there to get to the bottom of this. Mr. Nickerson pointed out that the City is in the middle of a lawsuit with Mrs. Linn, and that this particular case has nothing to do with Mrs. Linn's property, the owner is simply requesting the rezoning to bring his business 757• 758 Minutes October 18, 1994 into compliance. There was a motion by Director Keck, seconded by Director Mason, to suspend the rules and place the Ordinance on second reading. A roll call vote was taken on the motion to suspend the rules as follows: Ayes - Directors Keck, Joyce, Roy, Mason, Mayor Dailey, and Director Hendrix - total 6; Noes - Directors Sharp, Lewellen, Adcock and Scheibner - total 4; Absent - Director Priest - total 1. The motion did not receive the required two - thirds vote, therefore, the Ordinance was left on the calendar for second reading on November 1, 1994. A public hearing had been scheduled for this time and place by Resolution No. 9,242, adopted September 20, 1994, on the proposal by the City of Little Rock to annex 1,326.3 acres, more of less, known as "Fourche Island." Notice thereof was duly published on September 30, 1994 in the Daily Record. Mayor Dailey declared the public hearing open. There was no one present who wished to speak for or against the proposal. Mayor Dailey declared the public hearing closed. (NOTE: The annexation Ordinance will be considered on November 1, 1994.) The next presentation was Ordinance No. 16,767, entitled: AN ORDINANCE AMENDING LITTLE ROCK, ARKANSAS ORDINANCE NO. 16,659 TO CLARIFY THAT A TENANT MAY BE PROSECUTED FOR CAUSING HOUSING CODE VIOLATIONS; AND DECLARING AN EMERGENCY; and City Attorney Tom Carpenter explained the Ordinance. He cautioned that this may be putting landlords in a worse position than they are now. This is a mechanism for dealing with tenants but it may be to the detriment of landlords. Mr. Jim Hathcock, Code Enforcement Officer, explained that the Rental Inspection Task Force did address the issue of tenant responsibility which was a concern of both landlords and tenants. However, staff has found that the existing Housing Code does not contain sufficient language to allow the Code Enforcement Officers to take action. Director Adcock spoke in support of the Ordinance and urged the Board to vote for it. The Ordinance was then read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion and second by Directors Scheibner and Adcock, respectively, which was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion by Director Adcock, seconded by Director Joyce, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Scheibner - total 9; Noes - None; Abstentions - Director Hendrix - total 1; Absent - Director Priest - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keck, Joyce, Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Scheibner - total 9; Noes - None; Abstentions - Director Hendrix - total 1; Absent - Director Priest - total 1. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. 9 Minutes October 18, 1994 Item 13 on the Agenda was a proposed Resolution entitled: "A RESOLUTION TO AMEND THE RESIDENCY REQUIREMENT SET FORTH IN LITTLE ROCK, AR. RESOLUTION NO. 9,073 TO CHANGE THE DATE THE RESIDENCY REQUIREMENT APPLIES AND TO NOTE AN ADDITIONAL EXCEPTION TO THE RESIDENCY REQUIREMENT FOR PERSONS MARRIED TO LITTLE ROCK EMPLOYEES; AND FOR OTHER PURPOSES." The proposed Resolution was removed from the Agenda at the request of Director Adcock and no action was taken. The last matter to be presented was Resolution No. 9,262 described as: A RESOLUTION TO REAPPOINT PERLESTA A. "LES" HOLLINGSWORTH TO THE LITTLE ROCK AIRPORT COMMISSION; AND FOR OTHER PURPOSES; (5 year term beginning January 1, 1995.) and the Resolution was read in full. There was a motion by Director Sharp, seconded by Director Mason, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. There being no further business to be presented, the Board of Directors adjourned at 9:15 o'clock P.M. to meet again in regular session on Tuesday, November 1, 1994, at 6:00 o'clock P.M. ATTEST: APPROVED: (:aou c,., 4QK-U Ck .. City Clerk Robbie Hancock M or Jim Dail 10 759' ii `'