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HomeMy WebLinkAbout09-17-96533 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas September 17, 1996 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Sharp, Mason, Adcock, Wilson Hinton, Hodges, Keck, and Joyce - total 8; Absent - Directors Kumpuris and Wyrick - total 2. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Mayor Dailey, followed by the Pledge of Allegiance. Since September is Fighting Back "Treatment Works Month," Ms. Cindy Crone asked the Board of Directors to hear stories of substance abuse treatment providers in the area and recipients. Speakers were Ann Wells, Administrative Director of Arkansas Children's Hospital Insure the Children Program; Anita Winkler and daughter Emily; Kathy Milliger, Program Director of Arkansas Cares; Tonya Martin, and Rev. William Robinson of Hoover United Methodist Church. Ms. Crone then presented a Certificate of Appreciation to the City of Little Rock for saving lives and money by making substance abuse treatment an affordable option for citizens who need it and thereby improving the quality of life in Little Rock for all. (Director Kumpuris enrolled at 6:10 o'clock P.M.) Ms. Ethel Dunbar, Principal of Franklin Elementary, and youngsters from Franklin Incentive School Partners in Education presented Franklin PTA membership cards to the Board of Directors. Mrs. Joa Humphrey, Chair of the MacArthur Military History Museum Commission, asked Director Linda Joyce to read a letter of appreciation to Mr. Barry Travis, Executive Director of the Little Rock Convention & Visitors Bureau, for his vision and support and for underwriting the cost of the first MacArthur Commemorative Event held in MacArthur Park in 1991 and other related events. Mr. Travis was also presented with a framed picture of the MacArthur Arsenal Building in MacArthur Park. Members of the MacArthur Military History Museum Commission were recognized. There was an update on the United Way Success By 6 Program, which is a collaborative effort to create a community where all children, by age 6, have the mental, physical, social and emotional skills necessary to enter school ready and able to learn. Success By 6 is focusing on a home visiting program in the Hoover area in central Little Rock. Ms. Moore commended the City of Little Rock for its support of this program. An update of the New Futures Youth Employability Program was given and there was a 30 second video showing the youth at work during the summer. (Director Wyrick enrolled at 6:40 o'clock P.M.) _ The U.S. Environmental Protection Agency Regional Administrators Environmental Excellence Award was presented to the City of Little Rock Municipal Water Works for outstanding operations, maintenance, and management of the drinking water system. Director Adcock presented the plaque to Water Commission Members Meredith Catlett and Carl Scheibner. 1 534 Minutes September 17, 1996 Rev. Rufus thanked the Little Rock Police Department and the Little Rock Housing Authority for partnershipping with Tomberlin Community Development Center in operating Koban, a Japanese term for many police. The one -half cent sales tax has certainly benefited Tomberlin Community Development Center. He expressed appreciation to the Board of Directors for its support. Director Hodges presented a Certificate of Appreciation to Chief Deputy City Attorney Bill Mann, Chair of the 1996 fund raising drive for Camp Aldersgate. The Board of Directors viewed the video of the five year strategic plans of the Office of Management Support and the Fleet Services Department. Director Hinton moved to add to the Consent Agenda a Resolution asking the Bureau of Prisons to consider comments of neighborhood associations concerning the location of the proposed Halfway House at 1401 S. Garfield. The motion was seconded by Director Adcock and unanimously adopted. (See Resolution No. 9,797 below) Mayor Dailey announced that he had received a letter from Mr. Jim Hathaway, Jr. on behalf of Mr. John Burnett, requesting deferral of Items 7, 8, 9 and 10 until October 1, 1996. Mr. Rusty Sparks, President of the Spring Valley Manor Property Owner's Association, stated that the developer and the neighborhood are working on an agreement that will address most if not all of the concerns raised regarding the four Ordinances. (NOTE: The four Ordinances failed on July 16, 1996 A motion was adopted on August 6, 1996 to reconsider the four Ordinances on September 17, 1996, as requested by the applicant. See Minutes of 7 -16 -96 and 8- 6 -96.) Therefore, upon a motion by Director Keck, which was seconded by Director Adcock and unanimously adopted, the following Ordinances were deferred until October 1, 1996. 7. AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK ARKANSAS, AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK. (Capitol Lakes Estates on Cooper Orbit Road - 190.3 acres.) 8. AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE ELLIS MOUNTAIN DISTRICT, WEST OF COOPER ORBIT, NORTH OF SPRING VALLEY ESTATES, FROM SINGLE FAMILY TO LOW DENSITY MULTIFAMILY, AND FOR OTHER MATTERS. (Re: Z- 6120 -A) 9. AN ORDINANCE TO REZONE 41.58 ACRES ALONG COOPER ORBIT ROAD (Z- 6120 -A), NORTH OF SPRING VALLEY MANOR FROM "R -2" SINGLE - FAMILY DISTRICT TO "MF -12" MULTIFAMILY DISTRICT, WITH CONDITIONS. 10. AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF MINOR STREET LENGTH, ACCESS PROHIBITION, LOT DEPTH TO WIDTH AND PIPE -STEM LOTS, STREET GRADES FOR CAPITOL LAKES ESTATES SUBDIVISION AT COOPER ORBIT ROAD 1/2 MILE SOUTH OF KANIS ROAD. Director Keck moved to add to the Consent Agenda two Resolutions setting public hearings on the issuance of bonds by the Residential Housing and Public Facilities Board, as requested by City Attorney Tom Carpenter, and listed on Addendum No. 2. The motion was seconded by Director Mason and unanimously adopted. (See Resolutions No. 9,798 and 9,799 below) Mayor Dailey stated that Item 16 regarding the College Station CDC would also be added to the Consent Agenda. (See Resolution No. 9,800 below) 2 Minutes September 17, 1996 035 Consideration was then given to the Consent Agenda as follows: (1) Resolution No. 9,793, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO INDUSTRIAL RUBBER AND SAFETY FOR SCOTT SCBA REPAIR PARTS FOR THE LITTLE ROCK FIRE DEPARTMENT. (Not to exceed $20, 000.) (2) Resolution No. 9,794, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF AN 8 CUBIC YARD REFUSE TRUCK FOR THE PUBLIC WORKS DEPARTMENT. (Not to exceed $58, 378) (3) Resolution No. 9,795, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BLAYLOCK AND ASSOCIATES FOR ENGINEERING SERVICES FOR THE CLOVERDALE DRAINAGE PROJECT, PHASE II. (Not to exceed $119,559) (4) Resolution No. 9,796, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONSULTANT CONTRACT WITH ATOKA, INC. TO PROVIDE ENVIRONMENTAL ASSESSMENTS BEFORE ACCEPTANCE OF DONATED OR PURCHASED PROPERTIES FOR CITY DEPARTMENTS ON AN "AS NEEDED" BASIS FOR ONE YEAR. (5) Added to the Consent Agenda as requested by Director Hinton, Resolution No. 9,797, entitled: A RESOLUTION TO REQUEST THAT THE BUREAU OF PRISONS CONSIDER THE COMMENTS AND PETITIONS OF VARIOUS NEIGHBORHOOD ASSOCIATIONS CONCERNING THE LOCATION OF A PROPOSED HALFWAY HOUSE; AND FOR OTHER PURPOSES. Addendum 1. Resolution No. 9,798 entitled: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE QUESTION OF THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD. (For construction of an auditorium to be leased to the Central Arkansas Library System) (October 15, 1996.) Addendum 2. Resolution No. 9,799, described as: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE QUESTION OF THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD. (Briarwood Apartments at 802 S. Rodney Parham and Clover Valley Apartments at 8701 South 1 -30) (October 15, 1996.) 3 536 Minutes September 17, 1996 Item 16 was added to the Consent Agenda as Resolution No. 9,800, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COLLEGE STATION COMMUNITY DEVELOPMENT CORPORATION (CDC) TO PROVIDE $90,000 IN HOME FUNDS FOR FIRST -TIME HOMEBUYER SUBSIDIES IN THE APPLE BLOSSOM SUBDIVISION; AND FOR OTHER PURPOSES. Upon a motion by Director Adcock, which was seconded by Director Hodges and unanimously adopted, the Consent Agenda was dispensed with as follows: Resolutions No. 9,793, 9,794, 9,795, 9,796, 9,797, 9,798, 9,799 and 9,800 were read and unanimously adopted. (Note: Director Wyrick recused on Item 16 - Resolution No. 9,800.) Item 5 on the Agenda was a proposed Ordinance providing for a deferral of boundary street improvements on Kanis Road and along Pride Valley Road for Robbins Addition, Lots 1 and 2, located at 15575 Kanis Road, which had been deferred from August 20, 1996 and September 3, 1996. City Attorney Tom Carpenter explained that the Ordinance had been revised to provide for a conditional waiver for certain street improvements on Pride Valley and Kanis Road (Addendum 5 -B); but the Board first needed to pass an Ordinance to amend the Little Rock City Code Section 31 -143 to allow lot splits and to add another section for the conditional waiver of City boundary street improvements that would not impact future lot splits, subdivision or rezoning requests (Addendum 5 -A). Public Works Engineering Staff has expressed concern that this should be made available to other types of actions, and the City Attorney will draft a more comprehensive Ordinance in the future. But this Ordinance will allow the Planning Director and Public Works Director to take care of this situation for the Robbins property. Whereupon, Ordinance No. 17,270 was presented, with the title being: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION 31 -143 (1988) TO ADD A SECTION FOR THE CONDITIONAL WAIVER OF CITY BOUNDARY STREET IMPROVEMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was 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 eleven in number and two- thirds or more of the members of the Board of Directors, and the third and final reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11, Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Introduced next was (Item 5 -B) Ordinance No. 17,271, with the title being: AN ORDINANCE TO PROVIDE FOR A CONDITIONAL WAIVER FOR CERTAIN BOUNDARY STREET IMPROVEMENTS ON PRIDE VALLEY AND KANIS ROAD; AND FOR OTHER PURPOSES; (Re: S -1107 - Robbins Addition, Lots 1 and 2, located at 15575 Kanis Road.) 4 Minutes September 17, 1996 t.,,. a t and the Ordinance was read the first time. There was a motion by Director Adcock to suspend the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was 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 eleven in number and two- thirds or more of the members of the Board of Directors, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11, Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Item 11 being Ordinance No. 17,272, entitled: AN ORDINANCE AUTHORIZING THE TRANSFER OF $2,180,200 FROM THE DOWNTOWN PATROL DIVISION TO THE SPECIAL OPERATION DIVISION OF THE LITTLE ROCK POLICE DEPARTMENT; and the Ordinance was read the first time. There was a motion by Director Adcock to suspend the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was 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 eleven in number and two- thirds or more of the members of the Board of Directors, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11, Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Consideration was then given to (Item 13) Ordinance No. 17,273, described as: AN ORDINANCE TO PROVIDE AN ALTERNATIVE METHOD OF TIME PAYMENT IN THE LITTLE ROCK MUNICIPAL COURTS, PURSUANT TO AUTHORITY GRANTED IN ARK. CODE ANN. SECTION 16 -10 -209 (5) (F) (ii) (MICHIE 1994), AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Adcock to suspend the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was 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 eleven in number and two- thirds or more of the members of the Board of Directors, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11, Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. (NOTE: Director Sharp asked City Manager Charles Nickerson to pursue the idea of allowing an alternative method of paying traffic tickets by the use of credit cards, as many other cities are doing.) E Minutes September 17, 1996 Item No. 6 on the Agenda was introduced next, being Ordinance No. 17,274, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE CHENAL DISTRICT, NORTHWEST OF CHENAL PARKWAY - MARKHAM INTERSECTION FROM PARK/OPEN SPACE AND PUBLIC INSTITUTIONAL TO COMMERCIAL, AND FOR OTHER MATTERS. (Re: Trinity Presbyterian Church.) (Director Adcock has a sister -in -law who is a paralegal in the law firm that has done some work involved in this matter, but City Attorney Tom Carpenter said there is no conflict of interest that would require Director Adcock to recuse since the relative will not benefit financially from this action. Therefore, Director Adcock said she would not recuse on this matter) City Manager Charles Nickerson stated that staff feels very strongly about this since it is at the heart of good planning. Mr. Jim Lawson, Director of Planning and Development, made the staff presentation, stating that the Land Use Plan has always shown the commercial areas on the south side of Chenal Parkway in this area. The Plan has been changed over the years. There are two issues: One of the issues is the Master Parks Plan - is this a park site. We have not shown commercial in the past and we feel like it would be a good buffer for the multi - family already there. Mr. Bill Bunten, Director of Parks and Recreation, made a presentation explaining his proposal for "Rock Creek Park" in this area of west Little Rock. Mayor Dailey reminded Board Members and others that this is a Land Use Plan change, not a rezoning issue. Speaking in support of the Ordinance were Mr. John Dickins, a member of Trinity Presbyterian Church, Mr. Jimmy Moses of Moses -Nosari Real Estate, and Dr. Darrell Cluck, the pastor of the church. Mr. Dickins explained that the church needs to relocate and wants to sell the property located northwest of the intersection of Markham and Chenal Parkway, and asked that the LUP be changed to show this property as Commercial Use. Mr. Moses responded to questions by Director Keck, stating that a PCD has been filed for a proposed Target Store at that location. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, spoke in opposition, expressing concern about the additional traffic that will be generated. The Ordinance was then read the first time. The rules were suspended and the Ordinance placed on second reading, upon a motion by Director Keck, which was seconded by Director Sharp and unanimously adopted by the Board Members present, being eleven in number and two- thirds or more of the members of the Board of Directors. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Adcock and Keck, 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 eleven in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hodges, Keck, Joyce and Mayor Dailey - total 10; Noes - Director Hinton - total 1; Absent - None. Therefore, the Ordinance was declared PASSED. (NOTE: Director Keck said he would be willing to head up a task force to study the issues regarding the west Little Rock Park as suggested by Parks Director Bill Bunten. Director Joyce expressed concern about the closing of the Target Store on Barrow Road, and asked for Director Keck's help in working with neighborhood groups to fill the building as quickly as possible. Traffic is also a major concern of hers) At 8:30 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:45 o'clock P.M. Mayor Dailey presided with nine Directors present. (Director Keck was absent.) Director Adcock moved to hear from the five (5) neighborhood groups that were present to speak on the Halfway House on Garfield Street. (Note: See Resolution No. 9,797 which was added to the Consent Agenda) The motion was seconded by Director Hinton and unanimously adopted. The first speaker was Mr. Keith 2 Minutes September 17, 1996 539 Wren, President of the Broadway Property Owners Association. He also spoke on behalf of the Broadway North Neighborhood, University Park, Oak Forest and Point O'Woods - all the neighborhoods that are affected by the proposed Halfway House at 1401 S. Garfield. He stated that he and others were present to see that the Resolution was adopted and sent on to the Federal Bureau of Prisons in Washington, DC, which is responsible for making the decision as to whether this location is the ultimate location for the Halfway House. In conclusion, he asked the Board to consider changing the definition of "0-3" zoning, whereas a halfway house would be considered a conditional use so that landowners, other than simply the adjacent landowners, would have to be notified of what is intended for that particular piece of property if it is this type of use. Mr. Ralph White, University Park Neighborhood, asked the Board not to forget the residents in favor of commercial zoning. Institutions like this will not increase property values. (Director Keck re- enrolled at 8:48 o'clock P.M.) Mayor Dailey asked City Attorney Tom Carpenter to look at ways to do this and also other uses that would be comparable and to take this back to the Planning Commission. Each Board Member signed Resolution No. 9,797 to convey to the Bureau of Prisons the unanimous opposition of the Board of Directors. Item 14 on the Agenda was a proposed Resolution to declare the policy of the City to provide medical insurance benefits to the survivors of City employees killed while in the line of duty; directing the City Manager to propose any necessary amendments to the City Budget. There was a motion by Director Joyce, seconded by Director Keck, to defer the proposed Resolution for two weeks. The motion was unanimously adopted. Therefore, the proposed Resolution was deferred until October 1,1996. Introduced next was Item 12 on the Agenda being Resolution No. 9,801, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO J.A. RIGGS TRACTOR COMPANY — - FOR AN 80,000 POUND LANDFILL COMPACTOR FOR THE PUBLIC WORKS DEPARTMENT. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Joyce and the Resolution was unanimously adopted. Item 15 on the Agenda was Resolution No. 9,802, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MCV, INC. FOR CONSTRUCTION OF THE EAST CAPITOL AVENUE STREETSCAPE (FERRY TO ROCK), A 1988 CAPITAL IMPROVEMENT BOND PROJECT. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Joyce and the Resolution was unanimously adopted. A public hearing had been scheduled for this time and place by Resolution No. 9,782, adopted August 27, 1996, on the proposed modification of the Consolidated Plan that defines affordability. Mayor Dailey declared the public hearing open. The first speaker was Mr. Ron Williams, a low income housing tax credit consultant working exclusively for non - profit organizations, who spoke about the low income tax credit provision of the McClellan Place Apartments. He said that recently McClellan Place Apartments was granted some tax credits from the allocating agency for an affordable housing complex. Section 42 of the tax code states that when you receive a tax credit allocation, you must hold rents at a restricted level and that level is 30% of the qualifying income, not of the family's income. He suggested that the Board delete from the Land Use Restriction Agreement, the requirement that "the maximum gross rent is 30% of the tenant's income" and insert "the maximum rents in accordance with Sec. 42 of the IRS Code, which is 30% of the qualifying income." Mr. Mark Nichols, representing the 7 540 Minutes September 17, 1996 Downtown CDC and the McClellan CDC, spoke in favor of the proposal. He said the policy needs to be changed in order to have more affordable housing projects, to have more tenants qualify, and a better policy as HUD guidelines. The question is do you change it from 30% to 40 %? The policy should be do they qualify as a low and moderate income person; can they pay the rent; will they be a good tenant. City Attorney Tom Carpenter stated the public hearing is for the Board of Directors to determine if it wants to make a change in the Consolidated Plan, which has already been approved by HUD. If the Board makes the change, there is a thirty (30) day comment period, in which public comments are allowed to go forward. All of that is then sent to HUD to see if they will permit a change in the definition which the City has already adopted. The Board does not have to decide what the change will be at this time. Ms. Sarah Moore, Manager of CDBG & Housing Programs, said the 30% definition is HUD's definition, but the City now has the latitude to define it based on its own research. Director Hodges was strongly opposed to setting a limit of 30 %. Director Kumpuris said the issue is - should you put a limit on what someone is willing to take as a risk to get into better housing. Mr. Jim Mercado (LISC) stated that HUD had the 30% requirement the first year of the HOME Program, but pulled it after the first year because experience nation wide showed it did not work. Mr. Carpenter said he had heard some very legitimate questions that need to be answered before the Board makes the decision. City Directors Hodges and Kumpuris questioned staff at length. After the lengthy discussion, Mr. Carpenter suggested that we use language that for the tax credit program the tenants rents be in accordance with the Section 42 of the IRS code, leave our current definition for affordability in there, then go through the process starting in January - do we need to go with a different percentage. Ms. Pam Marshall said what we are doing is saying you are too poor to live in better housing. Mr. Odies Wilson, a board member of McClellan CDC, spoke with mixed feelings, and asked the Board to move forward on this. Mr. Tim Polk, Director of Housing and Neighborhood Programs, said we want these apartments approved and we want the neighborhood approved. We have things we are mandated to do by receiving money for affordable housing. We can go with the suggestion that Tom had in terms of looking at the qualifying rents rather than the gross income of the renters to allow flexibility of McClellan CDC to be able to rent the apartments. Mr. Carpenter said essentially the definition of affordability will remain the same but for projects affected by Section 42 of the IRS code we will deal with 30% of the qualifying income as an affordability definition and tax credit. Mr. Carpenter asked for ten minutes to revise the language in the proposed Resolution. Mayor Dailey declared the public hearing closed at 10:03 o'clock P.M. (See Resolution No. 9,803 below following Ordinance No. 17,275.) Consideration was then given to Ordinance No. 17,275, entitled: AN ORDINANCE TO GRANT A FRANCHISE TO THE STATE OF ARKANSAS TO OPERATE FIBER OPTIC TELECOMMUNICATIONS EQUIPMENT IN THE STREETS OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. At the request of City Manager Charles Nickerson, Mrs. Chandra Russell, Director of Public Works, gave an report on the fiber optics installations by Brooks Fiber Communication of Arkansas, Inc. and American Communication Services of Little Rock, Inc. (ACS). She reported that two (2) street cut inspectors have been hired due to the street cuts being made by the two companies. The ongoing mission is to monitor, evaluate and approve all street cuts. One inspects downtown utility cuts and the other inspects the fiber optic cuts. There have been problems with the timeliness of the companies repairing the street cuts, and the parking of equipment on private property. The problems are with the temporary repairs. Staff is also modifying the current street cutting ordinance, and the draft is in the legal department. Board Members asked for a list of temporary and permanent repairs, because they were receiving complaints about the trenches in the streets and the markings on the streets. The Ordinance was then read the second time, having been read the first time on September 10, 1996. Director Adcock moved to suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Joyce and unanimously adopted by the Board Members 0 Minutes September 17, 1996 541 present, being eleven in number and two- thirds or more of the members of the Board of Directors. Following the third and last reading of the Ordinance, a roll call vote was taken on the passage of the Ordinance as follows: Ayes - Directors Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. (Note: City Attorney Tom Carpenter noted that a franchise Ordinance has to be held for ten (10) days before it is effective and work can begin. Since the Ordinance was read the first time on September 10, 1997, the ten days will expire on Friday, and the State can begin work after then.) Continuing the discussion of Item 17 on the Agenda (see public hearing and discussion before Ordinance No. 17,272 above), City Attorney Tom Carpenter explained the revisions made to the Resolution amending the Consolidated Plan are to change the title from "A RESOLUTION TO AMEND THE DEFINITION OF AFFORDABILITY IN THE CITY'S CONSOLIDATED PLAN FROM 30% OF GROSS INCOME TO 40% OF GROSS INCOME" to delete the words following "Consolidated Plan" and to amend Section 1 to read "The definition of affordability in the City's consolidated plan shall be amended to exclude low income housing tax credit projects which shall be considered affordable housing if the project is in compliance with Section 42 of the IRS Code." Resolution No. 9,803 was then presented, described as: A RESOLUTION TO AMEND THE DEFINITION OF AFFORDABILITY IN THE CITY'S CONSOLIDATED PLAN; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Wyrick moved for its adoption. The motion was seconded by Director Adcock and the Resolution was unanimously adopted. No one was present who wished to speak during Citizen Communications. There being no further business to be presented, the Board of Directors adjourned at 10:35 o'clock P.M. to meet again in regular session on Tuesday, October 1, 1996 at 6:00 o'clock P.M. ATTEST: APPROVED:'' <2 au"C. "' City Clerk Robbie Hancock yor Jim Dailey L1